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80-02-19 CITY OF MOUND Mound, Minnesota AGENDA CM 80-71 CM 80-68 CM 80-64 CM 80-69 CM 8O-65 CM 80-73 CM 8O-66 CM 80-70 CM 80-67 CM 80-72 Mound'City Council February 19, 1980 7:30 P.M. City Hall 1. Public Hearing - Special Use Permit - Bay Point Pg. 422-433 2. Industrial Revenue Bonds - Jude Candy & Tobacco Company Pg. 417-1~21 3. Street Construction A. 1980 Streets - Financing Pg. 413-416 B. Other 4. Addition to Fire Station Pg. 407A-412 5. Lot Division - Auditor's Subdivision 168 Pg. 404-406 6. Comments and Suggestions by Citizens Present (2 Minute Limit) 7. Well No. 6 Pg. 403 A & B 8. Tax Forfeit Land Pg. 401-403 Licenses and Permits A. Winter Parking Permit Pg. 399-400 B. Cigarette Licenses Pg. 398 10. Delinquent Utility Bills Pg. 396-397 11. Payment of Bills 12. Information Memorandums/Misc. Pg. 369-395 13. Committee Reports Pg. 43~ 2-19-80 CITY OF MOUND ~ound~ ~innesota February ]5, 1980 COUNCIL MEMORANDUM NO. 80-71 SUBJECT: Special Use Permit - Bay Point A public hearing has been called for a Special Use Permit for Baypoint to operate a Racquetball, Tennis and Yacht Club in conjunction with the apartments. The Planning Commission recommended granting a conditional use permit with the following stipulations: 1. 100 member limit (single or faml]y) other than residents. 2. Attendant Manager on duty during hours of operation (between 6 A.M. & 11 P.M.) 3. Purpose of Club shall be to promote rental property rather than Club per se. 4. Facilities shall be limited to the following: A. Up to 3 racquetball courts B. 1 tennis court C. 4 canoes D. 3 sailboats E. Exercise room/Weight room F. Pool G. Lounge with Home Box Office TV (Channel 3) H. Sauna Also attached is a report from the Planner relative to the proposal under consideration. ~eg~nard L. Xopp · February 13, 1380 As lona term citizens of Mound, we have found decisions from the City Council to be fair and based on consideration for the safety of the ~ublic and the well being of individuals affected by them. It is for this reason that we are writing to voice our ~TRONG disapproval of the g~ecial Use Permit cation submitted by the BAY POINT POOL AND YACHT CLUB. We would present our position personally on Feb. but will be on vacation at that time. Our property is located only 50 ft North of the Bay Point Apartments. We realize that one couple against a mu]ti- million, dol]ar complex seems hopeless, but our residential tranquility is very important to us. Approval of the permit would not only disrupt that but could affect the general public safety as well. Some but not al.l, reasons for this ~position are as follows: THE RENTAL OF SAILBOATS WILL CREATE A SAFETY AND NAVIGATION HAZARD. My reasons for this statement is because the lake- shore frontage for the amartments is really only accessible from two directions (Islands block the other direction). This forces boat traffic to dock with only 2/3rds. the normal lakeshore access. A Yacht Club renting sailboats, piloted by novice captains and limited access to docks increases the accident probability. Over the past years there have been many close calls from just existing boat traffic running into my dock. INCREASED EXPOSURE OF PERSONAL PROPERTY TO THEFT AND VANDALISM. My wife and I selected our present home after living elsewhere in Mound because it is somewhat isolated. Any public business opening uD next door, as proposed, attracts non-resident peo~].e. Common knowledge dictates that with a increase of people there is always a increase of law viol. ations. Page .February 13, 1980 Cont. We have a substantial investment in dock-side eq~ment and two boats, which would be e~osed to theft and vandalism as would my neighbors. Due to the ].ay of the land it is difficult to see the shore from our house. It is impossible to see it from Wilshire Blvd. This even increases the ~ossibi].ity of theft from noiseless canoers. I .don't wish to, nor can I, stand guard over my personal property 24 hours a day. TRAFFIC ACCIDENTS ON WILSHIRE BLVD. COULD INCREASE. There are 3 to four accidents per year within view of my bedroom window on Wilshire. Opening a business will increase unfamiliar traffic on this stretch of road. Need I say morel Other areas of concern which should be thought about now are-future cluster dock expansion, dotting the lake with mooring buoys, and last but the most important lake pollution (congestion, discarded garbage, cans, bottles, etc)l We all know those who live in this area are proud of Lake Minnetonka and act accordingly, unfor- tunately this does not aDDly to all who use it as a recreation facility. We have no objection to free enterprise, my wife and I are subjected to it 8 hours a day, but to live with it 24 hours daily would be intolerable. I ho~e you under- stand our position as if it was yours, and vote not to allow this S~ecial Use Permit to ~ass. Thank you for considering the view points of an individual homeowner even though we cannot present our dee~ concern personally. Sincerely, MIKE & MARY HAYES 4345 WILSHIRE BLVD. MOUND, MN RESOLUTION NO. 80-2-169 The following resolution was offered by Commissioner Robb, Chair, Public Service Committee: BE IT RESOLVED, that the Department of Transportation be directed to cease using slag for snow and ice control in the City of Mound. The question was on the adoption of the resolution and there were seven YEAS and no NAYS, as follows: COUNTY OF HENNEPI,N BOARD OF COUNTY COMMISSIONERS Jeff Spartz Randall E. Johnson Ri chard E. Kremer John E. Derus E. F. Robb, Jr. Sam S. Sivanich Nancy Olkon, Chair RESOLUTION ADOPTED. YEA NAY OTHER x X X X X x x Telephone 473-7357 February 15, 1980 CITY of ORONO Post Office Box 66. Crystal Bay, Minnesota 55323- Municipal Offices On the North Shore of Lake Minnetonka ~ ~.'~' ~,, Mayor and Councilmembers Mound City Hall 5341 Maywood Road Mound, Minnesota 55364 Dear Mayor and. Councilmembers: The City of Orono, as have other cities in the area, has been individually approached by various cable TV companies to provide service to our cities. Certain cities have contacted other cities contiguous to them requesting their suggestions on .this matter. The City of Orono has been in contact with the State of Minnesota Communications Board discussing the metro area cable service territories and other factors and criteria that should be considered. Given the low population densities in the Lake Minnetonka area, it is expected that the best cable TV service can be provided through a Joint Powers Agreement involving all adjacent cities. It has been suggested to us that it would be appropriate .at this time to arrange a meeting of representatives from interested cities with a member of the State of Minnesota Cable Communication Board to discuss this matter, If this is of interest to your city, please feel free to notify me at my office, 473-7357, or drop a short note to Walter R. Benson, City Administrator, Box 66, Crystal Bay, Minnesota 55323, so a meeting can be arranged within the following two-three weeks. February 15, 1980 Page 2 Enclosed for your information is a recent memorandum from the Cable Communications Board which might be of interest to you. Sincerely, '~dministrator Enclosure Members of the Board January 25, 1980 Page 7 oF 9 Western Suburban Grouping Mun.ic!p~.lity .Population Households DeePhaven 4,000 1,250 Shorewood 4,800 1,550 Excelsior 2,900 1,180~ Tonka Bay 1,600 580 ~ooaAanQ ...... ' 500 '180 Spring Park 1,650 750 Orono 7,300 2,300 Minnetonka Beach 550 200' Greenwood 600 350 Mict~ 1,800 500 Mound 9,500 3,200 Minnetrista 3,900 1,050 Long Lake 1,800 550 · Wayzata 4,200 1,600 Chanhassen 6,600 2,050 .HH/Street HH/Acre Miles County .82 50 Hennepin .42 36 Hennepin 2.6 95 Hennepin .93 61 Hennepin .47 42 Hennepin 2.7 163 Hennepin .25 32 Mennepin .66 30 Hennepin 1.0 76 Hennepin .31 34 Carver 1.6 65 Hennepin .06 17 Hennepin 1.2 58 Hennepin .80 60 Hennepin .16 33 Carver School District 276 276 276 276 276 277 278 278 276 112/276 277 277/iii 278 284 112 Note: This group of communities, interlaced as they are by Lake Minnetonka, presents a unique economic and design challenge to cable development. Most are too small for individual development, and hence suggest the need for cooperative efforts if all are to be served. Common interests and relationship are strong and evident, but the problem of low to marginal economic viability because of the probable high cost of con- struction for the entire area demands patient and thorough study lead- ing to innovative technical approaches to both design and financing. Variations of the above group might find the Carver County cor0muntties of Chanhassen and Victoria developing separately toward a possible free- standing development of cable at Chaska. Chanhassen's developed areas suggest a probability for independent development, although this may not be as advantageous as an association with Shorewood to the north. Other possible variations might include a development of several smaller CST municipality groupings that might be developed, despite the customary advantages of sufficient household numbers to increase optimum economic viability. Any combination of communities in this general area poses difficulties because of the natural barriers to'economical construction. In order to remain consistent with current Metropolitan Council Policy, no attempt has been made in this report to deal directly with the free-standing seven-county communi- ties outside the Metropolitan Urban Service Area. Cable systems already serve a~artment h~mes 4363 WILSHIRE BOULEVARD · MOUND. MINNESOTA 55364 TELEPHONE 472-4621 February 19, 1980 Members of the Mound City Council Mound, Minnesota Gentlemen, Please find enclosed the following documents regarding the tw~ objections that She city council of Mound brought forth at the last council meeting on January 8, 1980. Reg..arding Parking: l) An authorization from Donnie's Restaurant (adjacent to Bay Point Apartment Homes) allowing our clientele to use their parking facility. 2) 3) An authorization from Island Park Skelly (adjacent to Bay Point Apartment Homes) allowing our clientele to use their parking facility. A parking lot survey taken (3) times per day for the last ~6 days, proving that an average minimum amount of spaces available at any given time is "161", without adding to our present parking facility. 4) A survey of the other apartment complexes in our immediate area showing that Bay Point Apartment Home's parking situation is as good or in most cases superior to the other complexeS. Regardin~ Tenants Objections: 1) ~ petition signed by 158 out of 191 of our present tenants stating that they are in total agreement with our he, club facility and its parking situation. A letter dated February 8, 1980 addressed to the o~ner of Lord Fletchers Apartments of Spring Park in response to his letter to the City of Mound dated January 31, 1980. · ON BEAUTIFUL LAKE MINNETONKA · · V)INOI3NNI~ 3)lV"l -'IN_-IIIN¥38 NO ' January 30, 1980 City of Mound Mound, MN 55364 RE: Bay Point Apartment Homes Health Club Parking ' Gentlemen: This letter is to serve as a committment on the part of Don~iie"s On The Lake, Inc., that we will be happy to.allow parking on crur.* property for residents and members of the Bay Point Apar~ment Homes Health Club from 6:00 A.M. to 7:00 P.M.. We anticipat~ this to be our slow time and we forsee no difficulties arising out of this arrangement. It is understood by both parties that this agreement is to be reviewed on an annual basis each year, commencing January 1, 1981, and can be cancelled by either party upon 30 days written notice, after any anniversary date. DONNIE'S ON TH LAKE, INC. T. L. Hof~man, Vice President DONNIE'S RESTAURANT 4451 WILSHIRE BOI~LEVARD MO~ ~NI)~ M! NNF~SOTA 55:~64 ~FELEPHONE: 612~472.~,62~ January ~0, J980 TO: City of Mound Mound, Minnesota SUBJECT: Bay Point Pool And Yacht Club Parking Gentlemen: This letter is to serve as a committment and conditional out- line as to the use of the Island Park Skelly for parking by Bay Point Pool And Yacht Club members. I. Parking will be allowed on Skelly property by Bay Point club members except in front of garage doors and around the immediate gas pump area. II. Bay Point Pool And Yacht Club agrees to pay for any damage to Skelly Oroperty or Skelly's customers' property. III. The hours of parking for Bay Point Club members shall be from 7:00 P.M. to 11:00 P.M. Sunday through Saturday, ('4 ~heu~, per day for Skelly is closed at this time. ) IV. This agreement is in effect immediately and it ia under- stood by both parties that this agreement is to be reviewed on a semi-annual basis, commencing July 30, 1980. Sincerely, ~ Craig V. Henderson Island Park Skelly Owner 4363 WILSHIRE BOULEVARD ~. MOUND, MINNESOTA 55364 TELEPHONE 472-4621 Approximate Lot C}arage Total Ra~io: Spaces no. of units spaces spaces spaces per wESToN V LU 5¢. - BAi POINT APTS [~i '~ "~ / ' ~ i The number of parkinE spaces available per unit in the above ~ apartmont eomp-lexes ranged from 1,1%o 1,8 parking spaces per ~ The average number of parking spaces provided per unit in ! these comolexes is 1.44. Bsy Point Apartments provides 1.6 parking spaces for each of its units, which is well above the average number of spaces provided by other local apartment complexes. "~_. * ON BEAUTIFUL LAKE MINNETONKA e 4363 WILSHIRE BOULEVARD · MOUND, TELl Januaz~Y 9,1980 We, the residents of Bay Point Apartment Homes, the new Bay Point Pool & Yacht Club is a de to our Apartment Home Community. Since the new of Bay Point Apartment 'Homes already added additi~.a~.: parking, we have no objection to the existence of ~he" .Pool & Yacht Club. We do not object to automobiles .in the parking lot for the Pool u,s e only. Address 4387 WILSHIRE BOULEVARD. MOUND, MINNESOTA :55~4; :~ // · ON BEAUTIFUL LAKE MINNETONKA · lU, Pa/ Aeq/ ~ 4387 WILSHIRE BOULEVARD. MOUND, o 308- · ON BEAUTIFUL LAKE MINNETONKA · club 4387 WILSHIRE BOULEVARD · MOUND, MINNESOTA 55364 TELEPHONE 472 ~3977 /./.,-¢ ? / '?;.¢, 7 / ¥36¥ .~ /,~ / 4363 WILSHIRE BOULEVARD · MOUND, MINNESOTA 55364 TELEPHONE 472-4621 72- ~,,q~ ~-----~ ~, ON BEAUTIFUL LAKE MINNETONKA ~, apartment homes 4363 WILSHIRE BOULEVARD · MOUND, MINNE,.~OTA 553~4 TELEPHONE 472-4621 z/'.~,F~ -~-/// · ON BEAUTIFUL LAKE MINNETONKA · Mt41 4387 WILSHIRE BOULEVARD · MOUND, MI TELEP ~t7z eON BEAUTIFUL LAKE MINNETONKA · 13± )161 · CiI::IVA:I"InO8 :II:IIHS-IIM Zg-gt apartment 4363 WILSHIRE BOULEVARD · MOUND, MINNESOTA 55364 TELEPHONE 472-4621 February 8, 1980 Mr. R~ .J.:-Ru'ppert Lord ~letcher Apartments 4400 West Arm Road Spring Park, ~innesota 55584 Re: Special ',.'se l~ermit for ~y Poiat >ool And Yacht Club [)ear Fir. Ruppert: In reference to your' letter dated January 31, 1980 written to the City of Mound, I feel that you should be made aware of the following facts. 1.) Bay Point Apartment Homes has offered a total recreational facility since it was built in 1969. In the event that the special use permit is not approved, Bay Point shall still offe~ these facilities to our tenants. We are very sorry that your building wasn't originally built with these amenities. 2.) The United States of America has what is known as a free enterprise system. This means that if your tenants aren't happy with their present facility, they have a right to move elsewhere. This also means that you, as an owner of a com- petitive apartment project, must offer the best possible facil- ity you can, in order to compete in s. free enterprise system. 3.) We have not singled Lord ~etcher Apartments out and mailed brochures just to that complex. 4.) As you know, we are located in the City of Mound; we are presently the city's largest tax payer. Our taxes increased ~$16,864.62 from ~979 to 1980. Even though our club will be a non-profit organization, it shall still help to support its own overhead. We feel that this should be a major factor in the City Council's decision on our special use permit. You are located in the City of Spring Park. I would surely hope that Spring Park would approve any project for you that would up- grade your community, such as our pool and yacht club will up- grade the City of ~ound. . ON BEAtJ flFUL LAKE MiNNFTONKA - 4363 WILSHIRE BOULEVARD · MOUND, MINNESOTA 55364 TELEPHONE 472-4621 In summary; I am very sorry that you feel our project will hurt your business. I feel that our free enterprise system in,the United States of .~merica was built on competition; we muSt. r~tain competition ~ -i~der to upgrade the communitie~ in which we live. Sincerely yours, Paul A. 2cherber Bay Point Apartment Homes Owner cc." cc-' Members of City Council oI' Mound 53al Maywood Road Mound, ]!innesota Mr, Henry Truelsen ~iound, ~tnnesota '~ ON BEALITIFUL LAKE MINNETONKA · February 11, 1980 5341 MAYV.,'i ;(.L') RO4D MOUND, ~,*Ihi;,iFSOTA 55364 (612) 472-1!55 TO: FROM: RE: The City Council Chuck Riesenberg, Planner Report on the Bay Point Pool and Yacht Club Development A. Description of Existing Situation and Proposal The existing project was initially constructed as the Tipi-Wakan Apart- ments in 1968. Under new ownership, the Bay Point Apartment Homes pro- ject is Mound's largest complex consisting of 196 units on a site bounded by County Road 125 and Spring Park Bay. The site's two three- story structures bordered by the Lakeshore and adjacent vacant land of the Pelican Point property provide internal open stall parking enclosed by a long row of garages along County Road 125. Since initial develop- ment, some additional 32 parking stalls have been created by paving over parking islands and green areas. The proposed development is twofold. First, a significant remodeling project adding 3 indoor racquetball courts, a lounge area and outdoor tennis court to an already existing swimming, exercise room, saunas, whirlpool and marina recreational anea is planned and underway. Second, the existing recreational facility is an internal accessory use to the principal use of the apartments. Its function is to sup- port the existing tenants as part of the rental structure. The pro- posed recreational facility is for an ihdependent Club with individual sustaining memberships with accompanyin9 fees opened to Bay Point Apartment tenants as well as off-site patrons. Therefore, while the remodelin9 project is a physical change to the property, equally important is the proposed use change from an accessory facility to an independent club with outside membership. Bo Past Zoning Ordinance Conformance A host of zoning code procedures took place in 1968 when the project was originally developed: Variance to setback - Per Resolution No. 68-78, garage setbacks were granted a variance to 10 feet of neighboring lot lines. Variance to parking stall size - Per Resolution No. 68-79, individual parking stall width of 9 feet versus 10 feet was granted. Variance to total project parking stalls required - Per Resolution No. ~8-132. The 1968 Code calling for 1½ stalls per unit was allowed down to 1 1/3 stalls per unit, resulting in the provision of 256 stalls ver- sus the 1969 Code requirement of 268. TO: The City Council ' RE: Report on the Bay Point Pool and Yacht Club Development February 11, 1980 - Page 2 In 1968, no conditional use was needed for apartment development, thus leaving the project with the three above mentioned variances. C. Conformance with Zoning Ordinance Use of Land The existing Bay Point Property is zoned multi-family. Within Section 23.06 by the listing of uses allowed in the district, it is my inter- pretation that the only appropriate definition of the proposed develop- ment is listed in 23.O6(e)(1) as a club, under the condltional use section. No other listed use, either permitted or conditional, would adequately define the proposed pool and yacht club. Further definition of a club is offered in the definition section: (17) Club or Lodge. A club or lodge is a non-profit association of persons who are bona fide members paying annual dues with a use of premises being restricted to members and their guests. It shall be permissible to serve food and meals on such premises,' providing adequate dining space and kitchen facilities are available. Serving of alcoholic beverages to members and their guests shall be allowed, providing that such serving of alcoholic beverages is in compliance with applicable Federal, State and Municipal laws. As presented to date for City review, the proposed pool and yacht club is privately held by the apartment ownership, not collectivel'y held under an association of common interest and not a non-profit entity. Therefore, unless the club is established and operated as an association with non-profit status,.the development is not allowed. Furthermore, the only district where a development of the nature proposed would be allowed is in a commercial zone. This issue is key and more germane to the entire development proposal. 2. Need for Conditional Use Permit Issuance and Variance If the development proposal is adjusted to conform to the definition of a club, as interpreted above, there is still need for a conditional use permit and a variance to the number of parking stalls. At issue is how best to develop the site aware of the new activity of a club plus associated impacts such as parking. The Planning Commission recommended a series of conditions to be placed on the project before the issuance of a permit is granted (please refer to attached Planning Commission. report). Obviously Staff supports these findings. There is little more which can be done with the development on the existing site to make the club and apartments more compatible. The site is nearly .totally developed and does not offer new design options. The significant development standard which the proposal does not meet is for parking. Since the development proposal is a change TO: The City RE; Report on the Bay Point Pool and Yach~ Club Development February 11, 1980 - Page 3 to the property requiring a building permit, the entire project. needs to conform to Mound's existing zoning ordinance. Moreover, since parts of the multi-family development regulations were recent- ly modified, these new standard must be met or granted variances to. The project's existing 300 parking stalls fall short of the new code regulation by some 235 stalls: 192 Units X 2½ Stalls per Unit = t~90 3000 square feet commercial X 3 square feet= 9,000 square feet + 1200 square feet per stall = 45 Total need 535 Minus existing stalls 300 Total lacking 235 As stated earlier, there is no on-site solution to the parking regu- lation need. The only mitigating arrangement would be to provide additional parking stalls off-site, i.e. across the street on the gas station and restaurant site. The owners have indicated such a proposal and intend on presenting a plan at the City Council meeting. D. Recommendations l. The overriding issue to resolve is to determine if the project meets the definition of a "club" or not. My interpretation is that it does not meet the definition of a club and therefore, is not allowed in the multiple family district. I recommend disallowing the development as currently proposed or to have the owners offer supporting documentation on the club's collec- tive association owner~ip and non-profit status. If this issue is not resolved, there is no need to discuss the parking situation. If the Council interprets the club as meeting the definition or if the owners change their use to follow the "club" definition then the parking issue must be addressed. The City has already issued a variance to the parking regulations to run with the property. How- ever, the new use must conform to the existing code. In this case, the development of the club would necessitate additional parking provision. If existing stalls were utilized for the club for off- site users, the existing tenant supply and convenience of nearby stalls would be influenced. It is recommended that a specific parking plan for overflow parking/club segregated parking, etc. be submitted to the owners before serious discussion on granting variances takes place. RESOLUTION NO. 68-78 RESOLUTION GRANTING VARIM~CE (Garage Setbacks - Tipi-Wakan Property) %8{EREAS, the owner of the old Tipi-Wakan Property (at the intersection of County Road #125 and Tuxedo Boulevard) has requested a variance in setback of garages, and W}LEREAS, the Planning Commission has approved said request providing the garages open to the interior of the property, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MOUND~ I~NNESOTA: That the setback requirement for garages be varied providing the garages open to the interior of the property and are constricted J.n accordance with the plans presented. Adopted by the Council this 9th day of April, 1968. 68-79 4-9-68 RESOLUTION NO. 68-79 RESOLUTION GRANTING VARIANCE (Reduction in Square Foot Requirement for Each Parking Stall - Tipi-Wakan Property) BE'IT RESOLVED BY THE VILLAGE COUNCIL OF MOU~fD, MOUND, MINIfESOTA: That the size of parking spaces for the apartment complex to be built on the old Tipi-Wakan property be reduced from 10' x 20' as required to 9' x 20'. Adopted by the Council this 9th day of April, 1968. RESOLUTION NO. 68-152 RESOLUTION ESTABLISHING PARKING REQUIREME~TS FOR TIPI-WAKAN PROPERTY WHFM~S, by Ordinance apartment comple×es of more than 150 unites require 1~ spaces per unit, and ~{EREAS, Tipi-Wakan has plans for a 192-unit apartment and space for 268 parking spaces instead of the 288 parking spaces required, and WHEREAS, the Ordinance states that with Council approval the number of spaces can be reduced to 1 1/3 parking spaces per unit or a total of 256 spaces, NOW THEREFORE BE IT RESOLVED BY THE VILLAGE CO~CIL OF MOUND, MOUND, MINNESOTA: That Tipi-Wakan apartments be permitted to make 268 parking spaces if other parking requirements according to Section 25.30, Section (i) are met. Adopted by the Council this 9th day of July, 1968. LORD FISCHER KPARTHENTS 4400 WEST ARM ROAD SPRING PARK, MINNESOTA 55384 January 31, 1980 Members of the City Council f~und City Hall 5341Maywood Road Mound, Minnesota 55364 Re: Special Use Permit Yacht Club or Racquet Club Bay Point Apartments/Condominiums 4387 Wilshire Boulevard Gentlemen: Pursuant to information I have received from lit. Truelsen, Building Inspector. for the city of Mound - it is my understanding that on February 19th - a hearing will be held regarding a special use permit' for either a yacht club or a racquet club at the Bay Point Apartments/Condominiums. As an owner of a competitive apartment' project - specifically Lord Fletcher Apartments, Spring Park - I would like to express my deep concern and opposition to .the granting of any commercial special use permits for residentially.zoned properties. First of all, are you aware that for the past couple of months - the Bay Point company has already been utilizing this apartment complex (which is zoned for residential use) for commercial enterprises? They have mailed on three different occasions - to each tenant within my complex,advertisement~:~ guest passes~ etc. - to the so-called and I quote "Bay Point Pool and Yacht Club" - for membership. Now, it does not take anyone of any intelligence to see why they are mailing these to all 86 of my tenants - they are merely utilizing this so-called coramercial enterprise as a "come-on" to pirate tenants. According to the information and advertisements to the tenants within our building - the membership dues include a one-time fee of $.195.00 and monthly dues of $20.00 and $25.00 each. This is blatant commercial utiliza- tion of a residentially.zoned propertM. At the very least, I would ask' that you put a "restraining order" on the owners to stop advertisement of a club which they do not have, at Members of the Mound City Council January 31, 1980 Page 2 least at present, proper zoning or permits for this use and - would cer- tainly hope that. you would not give any consideration to rezoning or granting of a ~pecial use pemit for a co~nercial enterprise within a residentially zoned district. Thank you for your consideration in this matter. Sincerely yours, LORD FLETCHER APART~TS RJR:ha CC: Management Bay Point Apartments/Condominiums 4387 Wilshire Boulevard Mound, Minnesota Mr. Richard T. Ince, Attorney at Law 135 West 97th Street Bloomington, Minnesota 55420' Mr. Henry Truelsen, Building Inspector City of Mound 5341Maywood Road }~und, Minnesota 55364 By R. J. Ruppert~ Owner YJ_SI~ZaNNI: o~ )l~l~d ~)NEtdS AYg SNOSI~YH ONO~IO ,t,Vg S~DNINN~I' .7' 19 73 :P -t /' / I /. / / / / / ./ 2-]9-80 CiTY OF KOUND Mound, Minnesota February 14, 1980 COUNCIL MEMORANDUM NO. 80-68 SUBJECT: Industrial Revenue Bonds - Jude Candy & Tobacco Company A request for final approval of the $160,O00 Industrial Revenue Bonds for Jude Candy and Tobacco Company will be on the February 19th agenda. Attached hereto are copies of: 1. The Note Resolution to be passed by the Council. 2. Certification of the Borrower 3. Certification of the City of Mound There are numerous other papers, guarantees and certifications if the Council is interested in seeing them. Aotion on Item I above is requested. NOTE RESOLUTION COMMERCIAL DEVELOPMENT REVENUE NOTE OF 1980 (VICTOR N. JUDE, DENNIS J. OAS, RALPH J. SMITH, PROPERTIES PROJECT) (CITY OF MOUND) ADOPTED: , 1980 (This table of contents is not a part of this Resolution, but is included for convenience only) TABLE OF CONTENTS ARTICLE ONE - DEFINITIONS, AND Section 1-1. Section 1-2. Section 1-3. Section 1-4. Page LEGAL AUTHORIZATION FINDINGS ........................... 1 Definitions ...................... 1 Legal Authorization .............. 3 Findings ......................... 3 Authorization and Ratification of Project ....................... 4 ARTICLE TWO - NOTE ................................... Section 2-1. Authorized Amount and Form Section 2-2. Section 2-3. Section 2-4. Section 2-5. Section 2-6. of Note .......................... 5 The Initial Note ................. 13 Execution ........................ 13 Delivery of Initial Note ......... 13 Registration of Transfer ......... 14 Mutilated, Lost or Destroyed Note ............................. 14 Ownership of Note ................ 14 Limitation on Note Transfers ..... 15 Section 2-7. Section 2-8. ARTICLE THREE - PREPAYMENT OF NOTE BEFORE MATURITY... Section 3-1. Prepayment ....................... Section 3-2. Termination of Interest .......... ARTICLE FOUR - GENERAL COVENANTS ..................... Section 4-1. Payment of Principal and Interest ......................... Section 4-2. Performance of and Authority of Covenants ..................... Section 4-3. Enforcement and Performance of Covenants ..................... Section 4-4. Nature of Security ............... 16 16 16 17 17 17 17 17 ARTICLE FIVE - MISCELLANEOUS ......................... Section 5-1. Severability ..................... Section 5-2. Authentication of Transcript ..... Section 5-3. Registration of Resolution ....... Section 5-4. Authorization to Execute Agreements ....................... Page 19 19 19 19 19 SIGNATURES ........................................... 20 NOTE RESOLUTION BE IT RESOLVED by the C~.ty Council of the City of Mound, Minnesota, as follows: ARTICLE ONE DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS 1-1. Definitions. The terms used herein, unless the context hereof shall require otherwise shall have the following meanings, and any other terms defined in the Loan Agreement shall have the same meanings when used herein as assigned to them in the Loan Agreement unless the context or use thereof indicates another or different meaning or intent. (1) Act: the Minnesota Municipal Industrial Develop- ment Act, Ml~-~nesota Statutes, Chapter 474, as amended; (2) Assignment of Leases and Rents: the agreement to be executed by the Borrower assigning all the leases, rents, issues and profits derived from the Project to the Lender to secure the repayment of the Note and interest thereon; (3) Assignment of the Loan Agreement: the agreement to be executed by the City and the Lender assigning the Loan Agreement to the Lender; (4) Bond Counsel: the firm of Briggs and Morgan, Professional Association, of St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a written opinion signed by such Counsel; (5) Borrower: Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties, a Minnesota general partnership, its successors, assigns, and any surviving, resulting or transferee business entity which may assume its obligations under the Loan Agreement; (6) City: the City of Mound, Minnesota, a municipal corporation, lts successors and assigns; (7) Corporate Guaranty: the instrument of guaranty executed by Jude Candy & Tobacco Company of Mound, Inc., a Minnesota corporation, guarantying the obligations of the Borrower under the Note and the Loan Agreement; (8) Disbursin9 Agreement: the agreement to be executed by the City, the Borrower and the Lender, relating to the acquisition of the Project and payment of Project Costs; (9) Guaranty: the instrument of guaranty executed by Victor N. Jude, Dennis J. Oas and Ralph J. Smith guarantying the Note, the obligations of the Borrower under the Loan Agreement and the payment and performance obligations of Jude Candy & Tobacco Company of Mound, Inc., ("Tenant") under the Lease dated , 19 between Borrower and Tenant; (10) Land: the real property and any other interests therein described in Exhibit A attached to the Loan Agreement; (11) Land; Leases: all leases now or hereafter affecting the (12) Lender: State Bank of Mound, Mound, Minnesota, a Minnesota banking corporation, its successors and assigns; (13) Loan. Agreement: the agreement to be executed by the City and the Borrower, providing for the issuance of the Note and the loan of the proceeds thereof to the Borrower, including any amendments or supplements thereto made in accordance with its provisions; (14) Mortgage: the Mortgage, Security Agreement and Fixture Financing Statement to be executed by the Borrower as mortgagor, to the Lender, as mortgagee, securing payment of the Note and interest thereon; (15) Note: the $160,000 Commercial Development Revenue Note of 1980 (Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties Project), to be issued by the City pursuant to this Resolution and the Loan Agreement; (16) Note Register: the records kept by the City Clerk-Treasurer to provide for the registration of transfer of ownership of the Note; (17) Principal Balance: so much of the principal sum on the Note as from time to time may have been advanced to or for the benefit of the City and remains unpaid at any time; (18) Project: the Land, the structure and all other improvements thereon, as they may at any time exist; (19) Project Costs: the total of all "Acquisition Costs" and "Loan and Carrying Charges," as those terms are defined in the Loan Agreement; (20) t~ereto. Resolution: this Resolution of the City adopted , 1980, together with any supplement or amendment Ail references in this instrument to designated "Articles," "Sections" and other subdivisions are to the designated Articles, Sections and subdivisions of this instrument as originally executed. The words "herein," "hereof" and "hereunder" and other words of similar import refer to this Resolution as a whole not to any particular Article, Section or subdivision. 1-2. ~e~al Authorization. The City is a political subdivision of the State of Minnesota and is authorized under the Act to initiate the revenue producing project herein referred to, and to issue and sell the Note for the purpose, in the manner and upon the terms and conditions set forth in the Act and in this Resolution. 1-3. Findings. The City Council has heretofore determined, and does hereby determine, as follows: (1) The City is authorized by the Act to enter into a Loan Agreement for the public purposes expressed in the Act; (2) The City has made the necessary arrangements with the Borrower for the establishment within the City of a Project consisting of certain property all as more fully described in the Loan Agreement and which will be of the character and accomplish the purposes provided by the Act, and the City has by this Resolution authorized the Project and execution of the Loan Agreement, the Assignment of Loan Agreement, and the Note, which documents specify the terms and conditions of the acqui- sition and financing of the Project; (3) in authorizing the Project the City's purpose is, and in its judgment the effect thereof will be, to promote the public welfare by: the attraction, encouragement and development of economically sound commerce so as to prevent, so far as possible, the emergence of blighted and marginal lands and areas of chronic unemployment; the development of revenue-producing enterprises to use the available resources of the community, in order to retain the benefit of the community's existing investment in educational and public service facilities; the halting of the movement of talented, educated personnel of all ages to other areas thus preserving the economic and human resources needed as a base for providing 3 governmental services and facilities; the provision of acces- sible employment opportunities for residents in the area; the expansion of an adequate tax base to finance the increase in the amount and cost of governmental services, including educational services for the school district serving the community in which the Project is situated; (4) the amount estimated to be necessary to partially finance the Project Costs, including the costs and estimated costs permitted by Section 474.05 of the Act, will require the issuance of the Note in the principal amount of $160,000 as hereinafter provided; (5) it is desirable, feasible and consistent with the objects and purposes of the Act to issue the Note, for the purpose of financing the Project; (6) the Note and the interest accruing thereon do not constitute an indebtedness of the City within the meaning of any constitutional or statutory limitation and do not constitute or give rise to a pecuniary liability or a charge against the general credit or taxing powers of the City and neither the full faith and credit nor the taxing powers of the City is pledged for the payment of the Note or interest thereon; and (7) The Note is an industrial development bond within the meaning of Section 103(b) of the Internal Revenue Code and is to be issued within the exemption provided under subparagraph (A) of Section 103(b)(6) of the Code with respect to an issue of $1,000,000 or less; provided that nothing herein shall prevent the City from hereafter qualifying the Note under a different exemption if, and to the extent, such exemption is permitted by law and consistent with the objects and purposes of the Project. 1-4. Authorization and Ratificaticn of Project. The City has heretofore and does hereby authorize the Borrower, in accordance with the provisions of Section 474.03(7) of the Act and subject to the terms and conditions set forth in the Disbursing Agreement, to provide for the financing and acquisition of the Project by such means as shall be available to the Borrower and in the manner determined by the Borrower and the City hereby ratifies, affirms, and approves all actions heretofore taken by the Borrower consistent with and in anticipation of such authority. ARTICLE TWO NOTE 2-1. Authorized Amount and Form of Note. The Note issued pursuant to this Resolution shall be in substantially the form set forth herein, with such appropriate variations, omissions and insertions as are permitted or required by this Resolution, and in accordance with the further provisions hereof; and the total principal amount of the Note that may be outstanding hereunder is expressly limited to $160,000 unless a duplicate Note is issued pursuant to Section 2-6. Said Note shall be in substantially the following form: 5 UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF MOUND Commercial Development Revenue Note of 1980 (Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties Project) $160,000 FOR VALUE RECEIVED the CITY OF MOUND, Hennepin County, Minnesota (the "City") hereby promises to pay to State Bank of Mound, Mound, Minnesota (the "Lender"), its successors or registered assigns, from the source and in the manner herein- after provided, the principal sum of One Hundred Sixty Thousand and No/100 Dollars ($160,000.00), or so much thereof as remains unpaid from time to time (the "Principal Balance"), with interest thereon at the rate of nine and twenty-five hundredths percent (9.25%) per annum or at such higher rate as hereinafter provided, in any coin or currency which at the time or times of payment is legal tender for the payment of public or private debts in the United States of America, in accordance with the terms hereinafter set forth. 1. (a) On March 1, 1980, accrued interest only shall be payable. Thereafter, unless increased pursuant to paragraph l(b) hereof, this Note shall be amortized and paid in 239 equal consecutive monthly installments of $1465.40 payable on the 1st day of each month commencing on April 1, 1980 and continuing until March 1, 2000 (the "Final Maturity Date") when the Principal Balance and accrued interest thereon shall be due and payable in full. Payments shall be applied first to interest due on the Principal Balance and thereafter to reduction of the Principal Balance. (b) If the interest on this Note should become subject to federal income taxation pursuant to a "Determination of Taxability", as that term is defined in Section 4.05 of the Loan Agreement hereinafter referred to, and the Lender delivers to Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties, a Minnesota partnership (the "Borrower") a copy of the notice of the Determination of Taxability, the interest rate shall be increased as of the date of receipt of such notice by the Borrower to twelve and seventy-five hundredths percent (12.75%) 6 per annum and each monthly installment thereafter payable shall be accordingly increased to the amount necessary to amortize the remaining Principal Balance by the Final Maturity Date with interest at said increased rate; and in addition the Lender shall be entitled to receive an amount equal to the aggregate difference between (i) the monthly payments theretofore made to the Lender on this Note between the Date of Taxability, as that term is defined in the Loan Agreement, and the date of receipt by the Borrower of notice of such "Determination of Taxability" and (ii) the monthly payments which would have been made during such period if the increased rate had been in effect throughout such period; all as provided in Section 4.05 of the said Loan Agreement. 2. Interest shall be computed on the basis of 30 day months in a 360 day year. 3. If the Lender should not receive on the first day of any month all of the principal and interest or any premium or penalty then due on this Note, and if the City should continue to be in arrears through the tenth day of such month, then, in addition to all other sums due hereunder, the Lender shall be entitled to receive on the eleventh day of such month a service charge equal to four percent (4.00%) of the delinquent principal and interest or such premium or penalty. 4. Principal and interest and any penalty or premium due hereunder shall be payable at the principal office of the Lender, or at such other place as the Lender may designate in writing. 5. This Note is issued by the City to provide funds for a Project, as defined in Section 474.02, Subdivision l(a), Minnesota Statutes, consisting of the acquisition of real estate and the building thereon, pursuant to a Loan Agreement of even date herewith, between the City and the Borrower (the "Loan Agreement"), and this Note is further issued pursuant to and in full compliance with the Constitution and laws of the State of Minnesota, particularly Chapter 474, Minnesota Statutes, and pursuant to resolution of the City Council duly adopted on , 1980 (the "Resolution"). 6. This Note is secured by an assignment of the Loan Agreement by the City to the Lender, a Mortgage, Security Agreement and Fixture Financing Statement, of even date herewith between the Borrower, as mortgagor, and the Lender as mortgagee (the "Mortgage") and by an Assignment of Leases and Rents, of even date herewith, from the Borrower to the Lender (the "Assignment of Leases and Rents"). The disbursement of the proceeds of this Note is subject to the terms and conditions of a Disbursing Agreement of even date herewith between the Lender, the Borrower and the City (the "Disbursing Agreement" ). 7. The Lender may extend the times of payments of interest and/or principal of or any penalty or premium due on this Note, including the date of the Final Maturity Date, without notice to or consent of any party liable hereon and without releasing any such party. However, in no event may the Final Maturity Date be extended beyond thirty (30) years from the date hereof. 8. The City may not prepay the Principal Balance, in whole, or in part, at any time during the first five (5) Loan Years, as hereinafter defined. Beginning in the sixth (6th) Loan Year the City may prepay the Principal Balance, in whole, but not in part, at any time upon ten days prior written notice to Lender, upon payment of a premium of five percent (5%) of the Principal Balance, which premium shall decrease for each Loan Year thereafter by the rate of one percent (1%). In the eleventh (llth) Loan Year and thereafter, this Note may be prepaid in whole, but not in part, at any time upon 10 days prior written notice to Lender, without premium or penalty. The Lender shall.apply any such prepayment, first against the applicable prepa~nt premium, if any, next, against accrued interest under the Note, and lastly, against the final principal amounts due under the Note. The term "Loan Year" as used herein shall mean consecutive twelve (12) month periods commencing on the date hereof and on each annual anniversary of the date hereof. 9. This Note is further subject to prepayment by the City, at any time, in whole or in part, w~.thout a premium, upon the occurrence of certain events of damage, destruction or condemnation of the property described in the Mortgage, as specified in Section 5.02 of the Loan Agreement and Section 3-1 of the Resolution, or, at the option of the Lender, within thirty (30) days after the Lender receives notice of a Determination of Taxability. 10. The monthly payments due under paragraph ! hereof shall continue to be due and payable in full until the entire Principal Balance and accrued interest on this Note have been paid, regardless of any partial prepayment made hereunder. 8 11. As provided in the Resolution and subject to certain limitations set forth therein, this Note is transferable upon the books of the City at the office of the Clerk-Treasurer, by the Lender in person or by his agent duly authorized in writing, at the Lender's expense, upon surrender hereof together with a written instrument of transfer satisfactory to the Clerk-Treasurer, duly executed by the Lender or his duly authorized agent. Upon such transfer the Clerk-Treasurer will note the date of registration and the name and address of the new registered holder in the registration blank appearing below. The City may deem and treat the person in whose name the Note is last registered upon the books of the City with such registration noted on the Note, as the absolute owner hereof, whether or not overdue, for the purpose of receiving payment of or on the account of the Principal Balance, redemption price or interest and for all other purposes, and all such payments so made to the Lender or upon his order shall be valid and effective to satisfy and discharge the liability upon the Note to the extent of the sum or sums so paid, and the City shall not be affected by any notice to the contrary. 12. Ail of the agreements, conditions, covenants, provisions and stipulations contained in the Resolution, the Mortgage, the Assignment of Leases and Rents, the Disbursing Agreement and the Loan Agreement are hereby made a part of this Note to the same extent and with the same force and effect as if they were fully set forth herein. 13. This Note and interest thereon and any penalty or premium due hereunder are payable solely from the revenues and proceeds derived from the Loan Agreement, the Mortgage and the Assignment of Leases and Rents, and do not constitute a debt of the City within the meaning of any constitutional or statutory limitation, are not payable from or a charge upon any funds other than the revenues and proceeds pledged to the payment thereof, and do not give rise to a pecuniary liability of the City or, to the extent permitted by law, of any of its officers, agents or employees, and no holder of this Note shall ever have the right to compel any exercise of the taxing power of the City to pay this Note or the interest thereon, or to enforce payment thereof against any property of the City, and this Note does not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City, and the agreement of the City to perform or cause the performance of the covenants and other provisions herein referred to shall be subject at all times to the availability of revenues or other funds furnished for such purpose in accordance with the Loan Agreement, sufficient to pay all costs of such performance or the enforcement thereof. 14. It is agreed that time is o~ the essence of this Note. In the event of failure by the City to pay when due any monthly installment of principal or interest within ten (10) days after the due date, or any premium or penalty due hereunder, or if an Event of Default shall occur, as set forth in the Mortgage, the Assignment of Leases and Rents or the Loan Agreement, then the Lender shall have the right and option to declare, upon ten (10) days written notice, the Principal Balance and accrued interest thereon and any premium or penalty due hereunder, immediately due and payable. Failure to exercise such option at any time shall not constitute a waiver of the right to exercise the same at any subsequent time. 15. The remedies of the Lender, as provided herein and in the Mortgage, the Assignment of Leases and Rents, the Disbursing Agreement and the Loan Agreement are not exclusive and shall be cumulative and concurrent and may be pursued singly, successively or together, at the sole discretion of the Lender, and may be exercised as often as occasion therefor shall occur; and the failure to exercise any such right or remedy shall in no event be construed as a waiver or release thereof. 16. The Lender shall not be deemed, by any act of omission or commission, to have waived any of its rights or remedies hereunder unless such waiver is in writing and signed by the Lender and, then only to the extent specifically set forth in the writing. A waiver with reference to one event shall not be construed as continuing or as a bar to or waiver of any right or remedy as to a subsequent event. 17. This Note has been issued without registration under state or federal or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with applicable registration requirements or an applicable exemption from such registration requirements. IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts and things required to exist, happen and be performed precedent to or in the issuance of this Note do exist, have happened and have been performed in regular and due form as required by law. 10 IN WITNESS WHEREOF, the City has caused this Note to be duly executed in its name by the manual signatures of the Mayor and City Manager and has caused the corporate seal to be affixed hereto, and has caused this Note to be dated , 1980. CITY OF MOUND, MINNESOTA Mayor (SEAL) City Manager 11 PROVISIONS AS TO REGISTRATION The ownership of the unpaid Principal Balance of this Note and the interest accruing thereon is registered on the books of the City of Mound in the name of the holder last noted below. Date of Registration Name and address Registered Owner State Bank of Mound Mound, Minnesota Signature of Clerk-Treasurer 12 2-2. The Note. The Note shall be payable at the times and in the manner, shall bear interest at the rate, and shall be subject to such other terms and conditions as are set forth therein. 2-3. Execution. The Note shall be executed on behalf of the City by the signatures of its Mayor and City Manager and shall be sealed with the seal of the City. In case any officer whose signature shall appear on the Note shall cease to be such officer before the delivery of the Note, such signature shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until delivery. 2-4. Delivery of Note. Except to the extent waived by Lender, before delivery of the Note there shall be delivered to the Lender the following items: (1) a copy of each of the following documents in the form in which finally executed: (A) Agreement; the Loan Agreement and Assignment of the Loan (B) the Mortgage; (C) the Assignment of Leases and Rents; (D) the Guaranty; (E) the Corporate Guaranty; and (F) the Disbursing Agreement. (2) an opinion of Counsel for the Borrower in scope and substance satisfactory to Bond Counsel as to the authority of the Borrower to enter into the transaction and other related matters; (3) the opinion of Bond Counsel as to the validity and tax exempt status of the Note; (4) such other documents and opinions as Bond Counsel may reasonably require for purposes of rendering its opinion required in subsection (3) above or that the Lender may require for the closing. 13 Upon delivery of the Note, the Lender shall, on behalf of the City, advance funds for payment of Project Costs upon receipt of such supporting documentation as the Lender may deem reasonably necessary, including compliance with the terms and conditions of the Disbursing Agreement. The Borrower shall provide the City with a full accounting of all funds disbursed for Project Costs. 2-5. Registration of Transfer. The City will cause to be kept at the office of the Clerk-Treasurer a Note Register in which, subject to such reasonable regulations as it may prescribe, the City shall provide for the registration of transfers of ownership of the Note. The Note shall be transferable upon the Note Register by the Lender in person or by its agent duly authorized in writing, upon surrender of the Note together with a written instrument of transfer satisfactory to the Clerk-Treasurer, duly executed by the Lender or its duly authorized agent. Upon such transfer the Clerk-Treasurer shall note the date of registration and the name and address of the new Lender in the Note Register and in the registration blank appearing on the Note. 2-6. Mutilated, Lost or Destroyed Note. In case any Note issued hereunder shall become mutilated or be destroyed or lost, the City shall, if not then prohibited by law, cause to be executed and delivered, a new Note of like outstanding principal amount, number and tenor in exchange and substitution for and upon cancellation of such mutilated Note, or in lieu of and in substitution for such Note destroyed or lost, upon the Lender's paying the reasonable expenses and charges of the City in connection therewith, and in the case of a Note destroyed or lost, the filing with the City of evidence satisfactory to the City that such Note was destroyed or lost, and furnishing the City with indemnity satisfactory to it. If the mutilated, destroyed or lost Note has already matured or been called for redemption in accordance with its terms it shall not be necessary to issue a new Note prior to payment. 2-7. Ownershi? of Note. The City may deem and treat the person in whose name the Note is last registered in the Note Register and by notation on the Note whether or not such Note shall be overdue, as the absolute owner of such Note for the purpose of receiving payment of or on account of the Principal Balance, redemption 14 price or interest and for all other purposes whatsoever, and the City shall not be affected by any notice to the contrary. 2-8. Limitation on Note Transfers. The Note has been issued without registration under state or other securities laws, pursuant to an exemption for such issuance; and accordingly the Note may not be assigned or transferred in whole or part, nor may a participation interest in the Note be given pursuant to any participation agreement, except in accordance with applicable registration requirements or an applicable exemption from such registration requirements. 15 ARTICLE THREE PREPAYMENT OF NOTE BEFORE MATURITY 3-1. Prepayment. (1) In the event of (a) damage to or destruction of the Project or condemnation of the Project or any part thereof and (b) if Borrower does not elect to restore the Project pursuant to Section 2.03 of the Mortgage, the Note shall be subject to prepayment by the City from funds furnished by the Borrower at the time, to the extent and in the manner set forth in Section 5.02 of the Loan Agreement. (2) At the option of the Lender, the Note shall be subject to prepayment in the event of a "Determination of Taxability" as specified in Section 4.05 of the Loan Agreement. (3) The Note may be otherwise prepaid in accordance with the provisions of the Note. 3-2. Termination of Interest. Upon deposit of with the Lender of any prepayment, together with any premium, if any, and the giving of any notice required by law, the principal amounts prepaid shall, after such date, cease to bear interest. 16 ARTICLE POUR GENERAL COVENANTS 4-1. Payment of Principal and Interest. The City covenants that it will promptly pay or cause to be paid the principal of and interest on the Note at the place, on the dates, from the source and in the manner provided herein and in the Note. The principal and interest are payable solely from and secured by revenues and proceeds derived from the Loan Agreement, the Mortgage and the Assignment of Leases and Rents, which revenues and proceeds are hereby specifically pledged to the payment thereof in the manner and to the extent specified in the Note, the Loan Agreement, the Mortgage and the Assignment of Leases and Rents; and nothing in the Note or in this Resolution shall be considered as assigning, pledging or otherwise encumbering any other funds or assets of. the City. 4-2. Performance of and Authority for Covenants. The City covenants that it will faithfully perform at all times any and all covenants, undertakings, stipulations and provisions contained in this Resolution, in the Note executed, authenticated and delivered hereunder and in all proceedings of the City Council pertaining thereto; that it is duly authorized under the Constitution and laws of the State of Minnesota including particularly and without limitation the Act, to issue the Note authorized hereby, pledge the revenues and assign the Loan Agreement in the manner and to the extent set forth in this Resolution, the Note, the Loan Agreement and Assignment of Loan Agreement; that all action on its part for the issuance of the Note and for the execution and delivery thereof has been duly and effectively taken; and that the Note in the hands of the Lender is and will be a valid and enforceable obligation of the City according to the terms thereof. 4-3. Enforcement and Performance of Covenants. The City agrees to enforce all covenants and obligations of the Borrower under the Loan Agreement and the Disbursing Agreement and to perform all covenants and other provisions pertaining to the City contained in the Note, the Disbursing Agreement and the Loan Agreement. 4-4. Nature of Security. Notwithstanding anything contained in the Note, the Mortgage, the Assignment of Leases and Rents, the Guaranty, the 17 Corporate Guaranty, the Loan Agreement, the Disbursing Aqreement or any other document referred to in Section 2-4 hereof to the contrary, under the provisions of the Act the Note may not be payable from or be a charge upon any funds of the City other than the revenues and proceeds pledged to the payment thereof, nor shall the City be subject to any liability thereon, nor shall the Note otherwise contribute or give rise to a pecuniary liability of the City or, to the extent permitted by law, any of the City's officers, employees and agents. No holder of the Note shall ever have the right to compel any exercise of the taxing power of the City to pay the Note or the interest thereon, or to enforce payment thereof against any property of the City; and the Note shall not constitute a charge, lien or encumbrance, legal or equitable, upon any property of the City; and the Note shall not constitute a debt of the City within the meaning of any constitutional or statutory limitation; but nothing in the Act impairs the rights of the Lender to enforce the covenants made for the security thereof as provided in this Resolution, the Loan Agreement, the Mortgage, the Guaranty, the Corporate Guaranty, the Disbursing Agreement, the Assignment of Leases and Rents and in the Act, and by authority of the Act the City has made the covenants and agreements herein for the benefit of the Lender; provided that in any event, the agreement of the City to perform or enforce the covenants and other provisions contained in the Note, the Disbursing Agreement and the Loan Agreement shall be subject at all times to the availability of revenues under the Loan Agreement sufficient to pay all costs of such performance or the enforcement thereof, and the City shall not be subject to any personal or pecuniary liability thereon. 18 ARTICLE FIVE MISCELLANEOUS 5-1. Severabi.lity. If any provision of this Resolution shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions or in all cases because it conflicts with any provisions of any constitution or statute or rule or public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. The invalidity of any one or more phrases, sentences, clauses or paragraphs in this Resolution contained shall not affect the remaining portions of this Resolution or any part thereof. 5-2. Authentication of Transcript. The officers of the City are directed to furnish to Bond Counsel certified copies of this Resolution and all documents referred to herein, and affidavits or certificates as to all other matters which are reasonably necessary to evidence the validity of the Note. All such certified copies, certificates and affidavits, including any heretofore furnished, shall constitute recitals of the City as to the correctness of all statements contained therein. 5-3. Registration of Resolution. The Clerk-Treasurer is authorized and directed to cause a copy of this Resolution to be filed with the County Auditor of Hennepin County, and to obtain from said County Auditor a certificate that the Note as a bond of the City has been duly entered upon his bond register. 5-4. Authorization. to E~ecute Agreements. The forms of the proposed Loan Agreement, the Disbursing Agreement, the Assignment of Loan Agreement, the Mortgage and the Assignment of Leases and Rents are hereby approved in substantially the form heretofore presented to the City Council; and the Mayor and City Manager of the City are authorized to execute the Loan Agreement, the Assignment of Loan Agreement and the Disbursing Agreement in the name of and on behalf of the City and such other documents as Bond 19 Counsel consider appropriate in connection with the issuance of the Note. In the event of %he abs~n¢~ or disability of the Mayor or the City Manager such officers of the City as, in the opinion of the City Attorney, may act in their behalf, shall without further act or authorization of the City Council do all things and execute all instruments and documents required to be done or executed by such absent or disabled officers. Adopted: , 1980 Mayor of the City of Mound Attest: "Cl~rk-TreasUrer 2O EXHIBIT A LEGAL DESCRIPTION City of Mound $160,000 Commercial Development Revenue Note of 1980 (Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties Project) CERTIFICATION OF THE BORROWER We, Victor N. Jude, Dennis J. Oas, and Ralph J. Smith do hereby certify and declare that we are the general partners of Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties, a partnership organized under the laws of the State of Minnesota (the "Borrower") and that: 1. This Certificate relates to the issuance and sale of a $160,000 Commercial Development Revenue Note of 1980 (V~ctor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties Project) (the "Note"), being issued by the City of Mound (the "City") as contemplated in the commitment letter issued by the State Bank of Mound, Mound, Minnesota (the "Lender") dated November 5, 1979 (the "Commitment"). The proceeds of the Note are be~.ng used to finance a "Project", as defined under a Loan Agreement dated , 1980, between the City and the Borrower (the "Loan Agreement"), and the City's interest in the Loan Agreement has been assigned to the State Bank of Mound, Mound, Minnesota (the "Lender") pursuant to an Assignment of Loan Agreement dated , 1980 (the "Assignment"). The Note is secured by a Mortgage, Security .Agreement and Fixture Financing Statement dated , 1980, between the Borrower, as mortgagor, and the Lender, as mortgagee (the "Mortgage"), a guaranty (the "Guaranty") dated , 1980 given by Victor N. Jude, Dennis J. Oas and Ralph J. Smith to the Lender, a Corporate Guaranty dated , 1980 given by Jude Candy & Tobacco Company of Mound, Inc., a Minnesota corporation, to the Lender and by an Assignment of Leases and Rents (the "Assignment of Leases and Rents"), dated , 1980, from the Borrower to the Lender. The disbursement of the Note proceeds are to be supervised by the Lender pursuant to a Disbursing Agreement dated , 1980, between the City, the Lender and the Borrower (the "Disbursing Agreement"). 2. The Loan Agreement, the Mortgage, the Guaranty, the Assignment of Leases and Rents and the D~.sbursing Agreement have been duly signed, acknowledged and delivered by the undersigned ~ndividually and as general partners on behalf of the Borrower. 3. The execution and delivery of the Loan Agree- ment, the Mortgage, the Guaranty, the Disbursing Agreement and the Assignment of Leases and Rents and the carrying out of the terms thereof do not and will not result in violation of any provision of or in a default under the partnership agreement and all amendments thereto of the Borrower or any indenture, mortgage, deed of trust, indebtedness, or other agreement, to which the Borrower (or any of its partners) is a party or by which it (or such partner) Or its (or such partner's) property is bound or result in the creation of a lien or encumbrance upon its (or such partner's) property, and do not and will not conflict with any present order, rule or regulation applicable to the Borrower (or such partner) of any court or of any Federal or State regulatory body or administrative agency or other governmental agency having jursidiction over the Borrower (or such partner). 4. There is no litigation pending or, to the best of the Borrower's knowledge, threatened affecting the right nor in any way questioning the execution or validity of the Loan Agreement, the Mortgage and the Assignment of Leases and Rents or the issuance of the Note. 5. The Borrower is a partnership validly existing and in good standing under the laws of the State of Minnesota. A copy of the Partnership Agreement and all amendments thereto of the Borrower is attached hereto as Exhibit A and is a full, true and correct copy thereof, and such Partnership Agreement and all amendments thereto have not been further amended, nor has any action been taken by any partner for the purpose of effecting any further amendment or modification thereof. 6. With respect to the federal arbitrage re- quirements set forth in Section 103(c) of the Internal Revenue Code, and the regulations promulgated thereunder, and as substantiation for the City to assure that the Note will not be deemed an arbitrage bond under said Section 103(c) and regulations, we hereby certify and reasonably expect that the following will occur with respect to the Note: (a) The Note was delivered on the date of this Certificate. (b) Pursuant to the terms of the Loan ' Agreement and the Note, the Project to be financed from the proceeds of the Note is to be acquired by the Borrower or its designee, and the proceeds of the Note are to be advanced by the Lender during acquisition of the Project upon the order or certificate of the Borrower and only for the purpose of paying directly or reimbursing for the payment of "project Costs", as defined in the Loan Agreement, theretofore incurred. Accordingly there is no opportunity to invest any proceeds of the Note for the benefit of the Borrower or the City before such proceeds are spent. (c) At least 85% of the "spendable proceeds" of the Note will be expended for the Project Costs, as defined in the Loan Agreement, within three years hereof. The term "spendable proceeds" is understood to mean "original proceeds" (net amounts, after payment of all expenses of issuing the Note, received by the City as a result of the sale of the Note), less the amounts, if any, of any such proceeds expended within the three year period for the payment of the debt service on such Note to the holder thereof. (d) Debt service payments to become due under the Note are made directly by the Borrower to the Lender, and accordingly no "sinking fund" is established for the Note. (e) No cash or securities are pledged by the Borrower to the payment of the Note. On the basis of the foregoing, it is not expected that the proceeds of the Note will be used in a manner that would cause the Note to be an arbitrage bond under Section 103(c) of the Internal Revenue Code of 1954, as amended, and the proposed regulations proscribed under that section, and to the best of our knowledge and belief, there are no facts, estimates or circumstances other than those mentioned above that would materially change the conclusion that it is not expected that the proceeds of the Note will be used in a manner that would cause the Note to be an arbitrage bond under Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations proscribed under that section. 7. This Certificate is made to induce the sale and delivery of the Note, and the statements herein are deemed representat~i, ons of the Borrower and {ts par%nets as to the facts recited therein. this IN WITNESS WHEREOF, .we have hereunto set our hands day of , 1980. VICTOR N. JUDE, DENNIS J. OAS, RALPH J. SMITH, PROPERTIES, a Minnesota general partnership By Individually and as a partner By Individually and as a partner (SEAL) By Indi~"idually and as a partner City of Mound $160,000 Commercial Development Revenue Note of 1980 (Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties Project) CERTIFICATION OF THE CITY OF MOUND, MINNESOTA The undersigned, Mayor, Manager and Clerk-Treasurer of the City of Mound, Minnesota, a political subdivision of the State of Minnesota (the "City"), acting for the City do hereby certify and request as follows: 1. The officials of the City and their terms of office are as follows: Name Office Expiration of Term Tim Lovaasen Leonard L. Kopp Mary H. Marske Robert Polston Gordon T. Swenson Donald Ulrick Ben Withhart Mayor Manager Clerk-Treasurer Councilman Councilman Councilman Councilman 2. A resolution giving preliminary approval to the Project to be financed by the proceeds of the Note was duly adopted at a regular meeting of the City on December 11, 1979, and has not been rescinded, modified or amended in any respect. 3. The resolution (the "Resolution") relating to the issuance of the $160,000 Commercial Development Revenue Note of 1980 (Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties Project) (the "Note") was adopted at a regular meeting of the City on , 1980, is in full force and effect as of the date hereof, and has not been rescinded, modified or amended in any respect. 4. To the best of our knowledge since the date of adoption of the Resolution, there has not been any change with respect to any of the findings of the city expressed in Section 1-3 of the Resolution. 5. The Mayor and Manager have duly executed on behalf of the City the Note, the Loan Agreement, the Disbursing Agreement and the Assignment of Loan Agreement (the "Assignment") described in the Resolution. 6. The City has authorized by all necessary action, the execution, delivery and due performance of the Note, the Loan Agreement, the Disbursing Agreement and the Assignment, and any and all such other agreements and documents as may be required to be executed and delivered by the City in order to carry out, give effect to and consummate the transaction contemplated by the Note, the Loan Agreement, the Assignment, the Disbursing Agreement and the Resolution. 7. There is no litigation of any nature now pending, or to our knowledge, threatened seeking to restrain or enjoin the issuance, sale, execution or delivery of the Note, or any of the documents described in the Resolution, or questioning the authority or proceedings pursuant to which the Note is being issued, the validity of the Note or any provision made for the payment thereof, or the power of the City to assist in financing the Project as defined in the Loan Agreement. 8. Neither the existence of the City nor the rights of the present officials of the City to their respective offices is being contested and no authority or proceeding for the issuance of the Note or the execution and delivery of the Assignment or the Loan Agreement, have been modified, repealed, revoked or rescinded. 9. Pursuant to the provisions of the Loan Agreement, the State Bank of Mound, Mound, Minnesota (the "Lender") is hereby requested to disburse the proceeds received from the sale of the Note to the Lender directly to Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties, a Minnesota general partnership (the "Borrower"). 10. With respect to the federal arbitrage require- ments set forth in Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations promulgated thereunder, and in reliance upon the representations made by the Borrower in a Certificate of Borrower delivered this day by the Borrower, we hereby certify and reasonably expect that the following has occurred or will occur with respect to the Note: (a) The Note was delivered on the date of this Certificate. (b) Pursuant to the terms of the Loan Agreement, the Project to be financed from the proceeds of the Note is to be acquired by the Borrower or its designee, and the proceeds of the ' Note are to be advanced under the Note by the Lender during acquisition of the Project upon the order or certificate of the Borrower and only for the purpose of paying directly 'or reimbursing the Borrower for the payment of Project Costs (as defined in the Loan Agreement) theretofore in- curred. Accordingly there is no opportunity to invest any proceeds of the Note for the benefit of the Borrower or the City before such proceeds are spent. (c) At least 85% of the "spendable proceeds" of the Note will be expended for the Project Costs, as defined in the Loan Agreement, within three years hereof. The term "spendable proceeds" is understood to mean "original proceeds" (net amounts, after payment of all expenses of issuing the Note, received by the City as a result of the sale of the Note), less the amounts, if any, of any such proceeds expended within the three year period for the period of the debt service on such Note to the holder thereof. (d) Debt service payments to become due under the Note are made directly by the Borrower to the Lender, and accordingly no "sinking fund" is established for the Note. (e) No cash or securities are Pledged by the Borrower to the payment of the Note. On the basis of the foregoing, it is not expected that the proceeds of the Note will be used in a manner that would cause the Note to be an arbitrage bond under Section 103(c) of the Internal Revenue Code of 1954, as amended, and the regulations prescribed under that section, and to the best of our knowledge and belief, there are no facts, estimates or circumstances other than those mentioned above that would materially change the conclusion that it is not expected that the proceeds of the Note will be used in a manner that would cause the Note to be an arbitrage bond under Section 103(c) of the Internal Revenue Code of 1943, as amended, and the regulations prescribed under that section; and the undersigned have not been notified nor do they have any knowledge to indicate that the City has been listed or is proposed to be listed by the Internal Revenue Service as a City whose arbitrage certificates may not be relied upon. The statements in this paragraph 10 are made pursuant to Sections 1.103-13, 1.103-14, and 1.103-15 of the Income Tax Regulations under the Internal Revenue Code of 1954, as amended, and the undersigned Mayor, Manager and Clerk-Treasurer are the officers of the City charged by the Resolution with the responsibility of issuing the Note. IN WITNESS WHEREOF, the undersigned have hereunto set their signatures and the official seal of said City this day of , 1980. CITY OF MOUND, MINNESOTA By. Its Mayor By Its Manager By. Its Clerk-Treasurer CJ. ty of Mound $160,000 Commercial Development Revenue Note of 1980 (Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties Project) GUARANTY In order to induce State Bank of Mound, Mound, Minnesota (hereinafter called "Creditor") to make a loan to the City of Mound (hereinafter the "City") against its Commercial Development Revenue Note of 1980, dated , 1980 in the original principal amount of $160,000 (the "Note'r), the proceeds of which will be advanced to Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties, a Minnesota general partnership (the "Debtor") pursuant to the terms of a Loan Agreement dated , 1980 (the "Agreement"), each of the undersigned hereby unconditionally and jointly and severally guarantees payment of all sums payable to the City and by the City in accordance with the terms of the Note, and any and all renewals thereof including notes taken in sub- stitution therefor and performance by Debtor of all obligat~.ons under the Agreement, the Mortgage and Disbursing Agreement referred to therein. Additionally, each of the undersigned unconditionally and jointly and severally guarantees the payment and performance obl~gat~.ons of Jude Candy & Tobacco Company of Mound, Inc. under' the Lease referred to in the Agreement. No notice of any renewal, compromise or extension of the Note, the Agreement, or the Mortgage referred to therein or of any modification ~.n the terms of the same need to be given to the undersigned or any of them, who hereby consent to each of such acts. Each of the undersigned hereby expressly waives presentment, demand, notice of nonpalmnent, protest and notice of protest on the Note and also .acceptance of this guaranty. The Creditor is expressly authorized to forward or deliver any or all collateral and security which may at any time be placed with it by the Debtor, the City or any of the undersigned, or any person, directly to the Debtor for collection and remittance or for credit, or to collect the same in any other manner and to renew, extend, compromise, exchange, release, surrender, or modify the terms of any or all of such ¢/Tq. collateral and security with or without consideration and without notice to any of the undersigned and without in any manner affecting the absolutel{ability of any of the undersigned hereunder. The liability of each of the undersigned hereunder shall not be affected or impaired by any failure, neglect or omissiom on the part of the Creditor to realize upon the collateral or security for the Note, nor by the taking by the Creditor of any other guaranty or guaranties to secure the Note, nor by the taking by the Creditor of collateral or security of any kind for the Note, nor by any act or failure to act whatsoever (except payment) which but for this provision might or could in law or in equity act to release or reduce the undersigned's liabilities hereunder. Each of the undersigned acknowledges that the guaranty of obligation under the Agreement is enforceable by the Creditor as a third party beneficiary thereof and that this guaranty is in effect and binding as to him without reference to whether it is signed by any other person or persons and agrees that possession of this instrument of guaranty by the Creditor shall be conclusive evidence of due delivery hereof by him, and further agrees that as to him it shall continue ~n full force and effect notwithstanding the death or release of any of the other guarantors. 'So long as any portion of the indebtedness evidenced by the Note is owed to the Creditor, none of the undersigned, without the Creditor's consent, will collect from the Debtor the claim, if any (by subrogation or otherwise), acquired through payment by any of the undersigned of a part of the indebtedness evidenced by the Note. The liability of the undersigned shall not be affected or impaired by the existence from time to time of indebtedness from the Debtor or the City to the Creditor in addition to the indebtedness evidenced by the Note. So long as any amount is outstanding under the Note, the undersigned agrees to provide to Creditor and cause Debtor to provide to Creditor such financial information or statements concerning the undersigned or the Debtor, including but not limited to monthly financial statements for the Debtor, as the Creditor may require. EACH OF THE UNDERSIGNED HEREBY EXPRESSLY WAIVES AND ABANDONS, SO FAR AS THEIR OBLIGATIONS UNDER THIS GUARANTY ARE CONCERNED, ALL RIGHTS TO CLAIM ANY OF THEIR PROPERTY (WHETHER SOLELY OWNED BY THEM OR IN COMBINATION WITH ANY ONE OR MORE OF THE UNDERSIGNED AND OTHERS OR OTHERS), INCLUDING THEIR HOMESTEAD, AS EXEMPT FROM LEVY, EXECUTION SALE, OR OTHER LEGAL PROCESS UNDER THE LAWS OF ANY STATE, TERRITORY, OR POSSESSION. This guaranty shall be construed according to the laws of the State of Minnesota in which state it shall be performed by the undersigned. Dated this day of , 1980. Victor N. Jude Dennis J. Oas Ralph J. Smith ACKNOWLEDGEMENT BY INDIVIDUAL GUARANTORS STATE OF MINNESOTA ) ) ss COUNTY OF ) The forego~.ng instrument was acknowledged before me this day of , 1980, by Victor N. Jude, Dennis J. Oas and Ralph J. Smith who acknowledge the execution of said instrument to be their free act and deed. Notary Public 2-19-80 CITY OF MOUND Mound, Minnesota February 13, 1980 COUNCIL MEMORANDUM NO. 80-64 SUBJECT: 1980 Streets - Financing Attached are three different sheets outlining the finance arrangements for the 1980 Street Program. If the Council intends to incorporate the storm drainage on Clover Circle into this project, the total should be increased by $60,400. E. Clark will be at the February 19th meeting. ' Leonard L. Kopp cc: E. Clark E I ~ .,-,i · 0 ~ O~ o co ,--I ~., H H ;I U ~1~ ~D Q~ 0 o oo I I o o I I I o I r.) rj 0 0 o 0 (~ ,--.I I ~ ~ o o o o o~ o o o o ~ o ~1~11 O ~ r~ O H ~ ~ O3 O H II O~ .(/3* H O °:.1° 1..--1 O 0 0] o ~ o 0 '~o g° 19-80 CITY OF MOUND Mound, Minnesota February 15, 1980 COUNCIL MEMORANDUM NO. 80-69 SUBJECT: Addition to Fire Station Attached is a preliminary sketch of the proposed addition to the Fire Station. Also attached is a copy of a letter from Alan Olson, Fireman and Architect, offering his services to do the architecture and he has provided a contract for the Council's consideration. This will be listed on the February 19th agenda. /&onard L. Kopp ,? GRADUATE MON'fAN^ STATE UNIVERSITY ]971. B. ARCH. ARCHITECT STATE OF MONTANA REG. 799 ARCHITECT STATE OF MINNESOTA LIC. 01.1926 NCARB CERTIFICATE NO. 16422 BUILDING OFFICIAL STATE OF MINNESOTA CERT. 0572 BUILDING INSPECTOR INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS CERT. 3534 MEMBER NORTH STAR CHAPTER ICBO MEMBER AMERICAN SOCIETY PLANNING OFFICIALS Alan P. Olson 5724 LYNWOOD BOULEVARD, MOUND, MINNESOTA 55364 612--472-4369 February 14, 1980 ~ir. Leonard Kopp, City Manager City of Mound ~341 ~,~aywood Road ~iound, Minnesota, ~364 ~e: Mound Fire Station Addition Dear ~m. Kopp, As you are aware, I am a Mound resident and a member of the volunteer fire department. I have been involved with conceptual design of the fire station addition for the last two years. I now solicit official appointment as the City's architect to complete the necessary working drawings and specifications in time for work to begin this summer. i am employed full time as the City Planner for the City of Orono. My work on this project would be accomplished on evenings and weekends as I have done on similar projects in the past. The City of Orono is aware of this proposal. There is no conflict of interest. I have attached signed copies of a suggested contract providing for a maxim~a charge of $1~00.00 plus reproduction expenses. My fee would be based solely on time used in the design process and not for co~ittee meetings or other time I would otherwise expect to invest in the project as a fire department member. I estimate that this will amount to about sixty hours. If this is agreeable., I request City Council review and approval of the agreement before I begin the final drawings. I have also attached completed preliminary design drawings for official City Council review and approval. Changes from the original concept are minor including slightly wider doors on the new apparatus stall and omission of the connecting 5riveway to City Hall. Review of the new truck specifications revealed that a widened driveway on the fire station lot will provide sufficient turning room to allow entry through the rear door without as much site work or tree removal as the original design. ,all~ f. ir. Leonard Kopp February 14, 1980 page 2 In 1978 the proposed additions were forecast to cost sbout $50,000. Since that time I estimate that inflation will have increased the bid price to about $70,000 of which $40,000 would be for the apparatus stall and $30,000 for the training room addition. This estimate does not include reroofing the existing station nor site irapr$'vemonts which could be done by City crews or other City contractors (ie: the new sewer line from the building to the street; tree removal and filling for the widened driveway; and asphalt parking lot repairs and driveway surfacing). I would propose to include all such work on the design drawings but to prepare the specifications such that separate portions may be accepted or deleted by bidding alternatives. ~y schedule for project completion is as follows: February 19 City Council approval of Agreement and preliminary drawings, with authorization to proceed with final documents. March 15-30 City Council approval of final drawings and specifications, with authorization for advertisement for bids. Eay 15-30 Bid opening and contract award. June 16, 1980 Start of construction (Monday after Fish October 30 Substantial completion. Let me close by saying that I look foreward to working with and for the City in the satisfactory completion of this project. /~a_~' P ~ Olson, cc: Robert Cheney, Fire Chief AGREEMENT FOR ARCHITECTURAL SERVICES FOR THE CITY OF MOUND, MINNESOTA This Agreement and Contract for Architectural Services is made this day of , 1980, by and between the City of ~ound, a municipal corporation of the State of ~innesota (hereinafter referred to as the "City"), and Alan P. Olson, a registered architJect in the State of Minnesota, with offices at 5?24 Lynwood Boulevard, Mound (hereinafter referred to as the "Architect"). The City and the Architect agree to the following terms and conditions: I. SCOPE OF SERVICES The City hereby engages the Architect, and the Architect agrees to furnish professional architectural services to the City, for the~design of additions and alterations to the Mound Fire Station. Services rendered under this agreement shall pertain.only to this project including the building and related site improvements. The extent of services shall be as expressly agreed to herein. II. THE CITY'S RESPONSIBILITIES 1. The City shall provide to the Architect complete and accurate ~ite information including a certificate of survey locating the existing building in relation to the property lines, and all known information on utilities and the existing building. 2. The City shall approve preliminary concept designs prior to the commensement of working drawings. 3. The City shall approve final working drawings and specifications prior to advertisement for bids. 4. Upon approval of final drawings and/or acceptance of a construction bid, the City agrees to approve all required City permits and to assist in the acquisition of any permits required from other government agencys. 5. The City shall provide all special structural, mechanical or laboratory tests, inspections or reports as and when required by the approved design specifications. 6. The City shall provide all construction services, materials and/or labor as may be required by the approved design specifications. 7. The City shall communicate with the contractor(s) through the Architect to maintain a uniform continuity and flow of authority. 8. The City shall provide the Architect with prompt written notice of any defect, fault or nonperformance of the contractor(s) should the City become aware of same during the construction process. 9. The City shall provide its own legal, insurance and accounting services as may be required in connection with this project. III. THE ARCHITECTtS RESPONSIBILITIES 1. The Architect shall provide the City with professional design services and constDuction drawings and specifications, conforming to the State Building Code, sufficient to allow the City to contract for constrUction of building additions, alterations and site improvements consistent with the scope of this project. The design service shall be staged as follows~ a) Preliminary Stage: The Architect will work with the Mound Volunteer Fire Department, the City Council and City officials to develop and refine a preliminary design solution to the requirements of the Fire Department and the City. The Architect will prepare a construcion cost forecast for review by the City. The Architect will provide sufficient .copies of the preliminary design drawings for review by the City Council and~the Fire Department. 1 of 3 b) Documents Stage: ~pon approval of the Preliminary concept design by the City, the Architect will proceed to complete the construction drawings and specifications in sufficient detail to provide for competitive bidding of the work, including arrangements as necessary to allow the City to accept or reject separable portions of the project work. The Architect will provide sufficient copies of the final working drawings and specifications for review by the City Council and the Fire'Department. c) Bidding Stage: The Architect will assist the City in advertising for competitive bids on the project and in reviewing all bids so received. The Architect will recommend to the City the approval or rejection of all or portions of said bids. The Architect will assist the City 'in formal acceptance of one or more bids and awarding of contracts for the work based thereon. 2. The Architect shall provide the City with technical assistance .during the construction stage of the project. The construction stage begins with the awarding of construction contracts and terminates with the issuance of the final certificate of payment. a) The Architect shall periodically visit the site during construction to familiarize himself with the progress of the work and the general compliance with the construction drawings and specifications. The Architect shall not be required to make continuous or detailed site inspections nor shall he be responsible for construction means, methods, sequences, procedure~, progress, safety precautions, or coordination between various contractors on the project. The Architect shall not be responsible for any contractor's failure to carry out the work in accordance with the construction drawings and/or specifications. b) The Architect, upon review of general progress, shall report to the City the need for any special tests, inspections or the correction of any work, installed or not, which does not conform to the requirements of the construction.drawings or specifications. The Architect retains the right to reject any work not in conformance with the requirements. c) The Architect shall retain the responsility for communication between the City and the contractors, shall issue all change orders, and shall review all requests for payment and certify same to the City. IV~ DOCm~NT OWNER~H~ The Architect retains the exclusive rights of ownership of the drawings and specifications for this project whether or not the work is commenced and/or completed. These docuanents may not be / used by the City or any other party for any other project, or for the extension o£ this project, without the Architect's express /~written permission. The use of these documents for this project /[~may be continued only while this agreement is in force and effect. The Architect will furnish the City two copies of corrected ~"as-built" drawings and specifications for the exclusive infor- mation and maintenance use of the City. V. COMPENSATION For and in consideration of the rendition of architectural services as herein described, the City shall pay to the Architect the following amounts: 1. Compensation for the Architect's time shall be on the basis of a fixed rate of Twenty-Five Dollars ($2~.00) per hour. The Architect agrees that the maximum total charge for the Architect's time shall not exceed One Thousand Five Hundred Dollars (~1~00.00), equivalent to sixty (&O) hours, and further that the Architect will not charge the City for time spent in consultation with the City Council or the Fire Department but only that time actually devoted to building design, document production and construction progress review. 2. Compensation for the Architect's expenses for reproduction costs, postage and similar expenses incurred in advertising and bidding the project shall be on the basis of actual invoice cost to the Architect. 2 of ~ Vi. PAYEENT SCHEDULE The Architect shall submit to the City invoice statements o£ amounts due at the conclusion of the Documents stage, the Bidding stage, and the Construction stage of the project. These invoices shall be due and payable t° the Architect within fou~rty-five (45) days of their reae_ipt by the City. VII. T~RMINATION This agreement shall remain in force and effect until substantial completion of the project and payment of all amounts owing to the contractors and the Architect. Before substantial completion, either party may terminate this agreement upon thirty (30) days written notice to the other party. Payments due the Architect upon termination are equal to all time invested to date at the agreed upon hourly rate plus all reimbusible expenses incurred to date in the normal course of the design service. AUTHORITY FOR THIS AGREEMENT This Agreement is authorized by appropriate action of the City of Mound, adopted and approved by the City Council this _ Alan P. lson, Architect sole practitioner ATTEST: CITY OF MOUND City Clerk Mayor City Manager 3 of 3 · =~ 2-19-80 CITY OF MOUND February 14, 1980 COUNCIL MEMORANDUM NO. 80-65 SUBJECT: Lot Division - Auditor's Subdivision 168 At the January 28th Planning Commission meeting, the Planning Commission discussed the redivision of Part of Lot 47, Auditor's Subdivision 16R. The applicant purchased two parcels separately (each a building site) and then combined them for tax purposes. The County was requested to redivide the property to its original boundaries which are: Parcel A: The East 50 feet of the West 200 feet of Lot 47, Auditor's Subdivision 168 Parcel B: The East 50 feet of the West 150 feet and the East 50 feet of the West 100 feet lying South of the North 348 feet thereof, Lot 47, Auditor's Subdivision 168 The applicant felt the lots could be put back to the original parcels, therefore no formal application was before the Planning Commission and the Planning Commission acted as follows: Discussed subdivision of Lot 47, Auditor's Subdivision 168. Paulsen made a motion to recommend subdivision in principle. N° second. No action taken. The applicant has now made formal application for 'the division and is asking the Council to act on his application. ....... Leonard L. Kopp APPLICATION FOR SUBDIVISION OF LAND Se~. 22.03-a VILLAGE OF MOUND FEE $__2,5.00 FEE OWNER PLAT PARCEL Location and complete legal description of property to be divided: rt /Lot 47 Auditor's Subdivision 168 East 100 feet of the west 200 feet and the east 50 feet of the west 1yin9 south of the north 348 feet of Lot 47, Auditor's Subdivision ZONING A-1 100 feet 168. To be divided as follows: Parcel A': The E. 50 feet of Aud? Sub, 168 Parcel B: The E, 50 feet of feet of the ~4est 348 feet thereof, the West 200 feet of Lot 47 the West 150 feet and the E. 50 100 feet lying South of the North Lot 47, Aud. Sub. 168 (attach survey or scale drawing showing adjacent streets, dimension of proposed building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: Reason: Square feet TO Square feet '~' (s~n~GT~ ADDRESS 5900 Beachwood Road TEL. NO. ~72-4833 DATE 2-13-80 Applicant's interest in the property: This applicatien must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: DATE COUNCIL ACTION Resolution No, DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF TI:IE DIVISION AS APPROVED AND THE NECESSARY PAYMENTOF TAXESBY THE FEE OWNER. WITHIN 1 YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. A list of residents and owners of property within~.feet must be attached. / ! / i:,,~, / <,)/ / / / ,,n -- / ,,cb'/ · ~,! / ! Parcel B , I / Parcel A 150,~0 g [~ 8.01 2-19-80 CITY OF MOUND Mound, Minnesota February 15, 1980 COUNCIL MEMORANDUM NO. 80-73 SUBJECT: Well # 6 Bids · The Public Works Director recommends the Stevens Well Company proposal of $750.00 be accepted. The decision on whether or not to televise the well can be made later. Leonam L Kopp February 15, ].980 TO: FRON: SUBJECT: Leonard Kopo Public Works Director Bids for Well #6 This morning I had a meeting with George Boyer and we went through the proposals by the three well companies pertaining to'. Well #6. I would recommend we start with Steven's Well Company's proposal for $750.00. At a point after this investigation if we should feel televising the well is necessary that will be contracted by us. Hopefully a result can be reached that will give us a maximura capacity close to the 1,000 g.~.m, we had to begin with. Also during our meeting I spoke to Mr. Boyer about the $900.00 extra on the Water Rate Study. They will not ch,rge it to us ns per Councilman Polston's reouest. One thin9 that I would like to bring un st this time for Council information, in c~se any further requests ~re m, de of Hickok & Assoc. Mr. Boyer h~s been aveil,ble nmnerous time to get us ?sstst~nce end engineering information on Well #3 =nd Well #5 sad they do not bill us for pny of it. Mr. Boyer did not bring this f~ct uo to ~e, it is just oerson*l inform?tion I felt the Council 'should know. Respectfully, i--" ./.: / ,- '--,.. Robert Shanley Public Works Director 9oS/ 2-19-80 CITY OF MOUND Mound, Minnesota February 14, 1980 COUNCIL MEMORANDUM NO. 80-66 SUBJECT: Tax Forfeit Land At the February 12th Council meeting, the tax forfeit land was dis- cussed. We failed to pass a resolution acknowledging the land as non-conservation land. The Council dealt with the individual parcels they wished to keep for public use. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 CO 0 -~ ~0 CO 0 ~I 0 0 't~ Cq eq 0 0 c~X r~ ~0 0 0 LeX O0 0 CO 0% 0 0 0 0 0 0 0 0 0 0 4~ ~- L~ ~ ~'~ C:O ~ ~-- ~ 0 0 2-19-fl0 CITY OF HOUND Mound, Minnesota February ]5, 1980 COUNCIL MEMORANDUM NO. 80-70 SUBJECT: Winter Parking Permit Attached is a copy of a Winter Parking Permit request for 1713 Avocet Lane. The Public Works Director has recommended this permit with a condition. -"Leonard L. Kopp /I '~ A/Do City of Nound T ~kR_ ~CE REQUEST, OFF STREET PAWdiING ORDINANCE APPX. APPOINTNEN~ TI~ FOR O~ SITE INSPECTION D~G~M~ OF ~T -Use reverse side of this request: Date ~ -'7-~0 A.M. P ~' ~,"_.J.~-~.~fl~S ~-' R~O:~i~.¢D~T_C,I,S Ih~DiVT_DUAL I'..~kI.,O INS?EOTION 2-19-80 CITY OF MOUND Mound, Minnesota February 14, 1980 COUNCIL MEMORANDUM NO. 80-67 SUBJECT: Cigarette License-Renewals Cigarette licenses expire February 29, 1980. The following renewals have been received: A1 & Alma's Supper Club American Legion Club Post 398 Donnie's on the- Lake, Inc. Gas Hut, Inc. PDQ Corporation ' :',, ~ : : Thrifty Snyder Drug ~- ? ,~ :~,, ~,-' Jude Candy & Tobacco Company for: Karl's K.O. Station J~;0cl***.,~i~ Municipal Liquor Store V.F.W. Club ~y.~ ~,~.~ 2-19-80 CITY OF MOUND Mound, Minnesota February 15, 1980 COUNCIL MEMORANDUM NO. 80-72 SUBJECT: Delinquent Utility Bills Attached is a list of past due water and sewer accounts. These accounts are over six months past due and should be turned off for non-payment. In order to turn off the water, the Council should hold a public hearing. A suggested date for the public hearing would be March llth. '-' [eonard L. Kopp Account Number 11-O16-1543-11 11-O25-1578-81 11-O25-1591-11 11-O27-1656-61 11-O31-1617-21 11-O34-1774-51 11-O46-1752-51 11-O52-5111-11 11-O55-5037-81 11-O58-5043-O1 11-O67-1920-41 11-O67-1959-21 11-O70-1921-61 11-O76-1772-O1 11-082-1767-81 11-O85-4960-91 11-O88-2098-41 11-O88-5637-61 11-O88-5865-31 11-O94-2068-51 11-103-5764-51 11-103-5984-91 11-112-6OO1-21 11-166-2257-01 11-169-5540-O1 11-169-6048-31 11-169-6256-21 11-175-5444-21 11-187-5570-91 11-211-2136-01 11-223-5304-61 (Delinquent Utility Bills) (Over Six Months 0id) Amount $135.08 85.55' 54.50 47.57 35.20 41.15 101.37 59.40 66.20 44.27 211.10 239.52 44.60 265.69 33.6O 121.92 33'.60 60.37 108.92 51.44 54.50 138.O7 69.65 35.20 275.09 51.44 76.68 1OO.11 78.24 71.94 65.85 $2857.82 2-15-80 2-19-80 CITY OF MOUND Mound, Minnesota February 13, 1980 INFORMATION MEMORANDUM NO. 80-15 SUBJECT: Special Use Permit for Bay Point Pool and Yacht Club The attached copy of letter was received from Paul Scherber, Owner of Bay Point Apartment Homes. Leonard L. Kopp 2-19-R0 CITY OF MOUND Mound, M~nnesota February 14, 1980 INFORMATION MEMORANDUM NO. 80-16 SUBJECT: Resolutions 80-60 and 80-61 Attached are copies of the subject resolutions; in fact, there are two versions of 80-61. We feel that in the case of 80-60, we interpreted the Council correctly; but for 80-61, there were two different interpretations. We wish to send the resolutions on, but we would like to be sure we are correct. Leonard L. ~opp 62 February 5, 1980 Councilmember Polston moved the following resolution, RESOLUTION NO. 80-60 RESOLUTION REQUESTING HENNEPIN COUNTY TO IMPROVE COUNTY ROAD #15 FROM MOUND TO ~¢EST ORONO CITY LIMITS INT0 A FOUR LANE UNDIVIDED STREET ~VITH TURN LANES AT THE APPROPRIATE INTERSECTIONS ''BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby request Hennepin County Board of Commissioners and the Hennepin County Highway Department improve County Road 15 from Mound to the west Orono city limits into a four-lane undivided street with turn lanes at the appropriate intersection. A motion for the adoption of the foregoing resolution was duly seconded by Council- member Withhart and upon vote being taken thereon; the following voted in favor thereof; Lovaasen, Polston, Withhart and Ulrick, the following voted against the same; none, with Swenson being absent; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk CMC Councihnember Withhart moved the foilowin9 resolution, RESOLUTION NO. 80-61 RESOLUTION REQUESTING HENNEPIN COUNTY BOARD OF COMMISSIONERS & THE ttENNEPIN COUNTY PUBLIC WORKS DEPT. CONSIDER EXTENDING COUNTY ROAD 15 FROM THE WEST ORONO CITY LIMITS TO COUNTY ROAD 19 AS A FOUR LANE UNDIVIDED COMMERCIAL STREET WITH TURN LANES AT APPROPRIATE INTERSECTIONS WHEREAS, the City of Orono has allowed increased residential and commercial de- velopment along County Road 15 from Spring Park to Navarre. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, HOUND, MINNESOTA: That Count:t1 does hereby request the Hennepin County Board of Commissioners and the Hennepin County Public Works Department consider extending County Road 15 from. the west Orono City Limits to County Road 19 as a four-lane undivided commercial street with turn lanes at appropriate intersections. A motion for the adoption of the foregoing resolution was duly seconded by Council- member Polston and upon vote being taken thereon; the following voted in favor thereof; Lovaasen, Polston, Withhart and Ulrick, the following voted against the same; none, with Swenson being absent; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk CMC 6~ February 5, 1980 Councilmember ~ithhart moved the following resolution, RESOLUTION NO. 80-gl RESOLUTION REQUESTING HENNEPIN COUNTY'TO DESIGN & CONSTRUCT A NEW DIAGONAL TWO LANE UNDIVIDED STREET FROM THE INTERSECTION OF COUNTY ROAD 110 & 151 TO CONNECT WITH THE SOUTH END OF THE ORONO DIAGONAL AT THE INTERSECTION OF COUNTY ROADS 19 & 84 AS THE FIRST PNASE IN AN OVERALL PLAN TO PROVIDE ALTERNATIVE ROUTES FROH THE WESTERN LAKE MINNETONKA COHHUNITIES. BE'IT RESOLVED BY THE CITY COUNCIL OW THE CITY OF MOUND, HOUND, MINNESOTA: That Council does hereby request Hennepin County to design and construct a new diagonal two lane und'~vided street from the intersection of County Road 110 and 151 to connect with the South end of Orono diagonal at the intersection of County Roads 19 and 84 as the first phase in an overall plan to provide alternative routes fronl the Western Lake Minnetonka Com- munities. A motion for the adoption of the foregoing resolution was duly seconded by Council- member Polston and upon vote being taken thereon; the following voted in favor thereof; Lovaasen, Polston, Withhart and Ulrick, the following voted against the same; none, with Swenson being absent; whereupon said resolution was declared passed and adopted, signed by the Hayer and his signature attested by the City Clerk. Mayor L Attest: City Clerk CMC 2-19-80 CITY OF MOUND Mound, Minnesota February ]4, 1980 INFORMATION MEMORANDUM NO. 80-17 SUBJECT: Explorer Post - Reimbursement of Advisors Attached is a copy of a memorandum from Sgt. Hudson recommending reimbursement of advisors of the Explorer Scout Post for necessary expenditur'es by the advisors on three trips each year. The payments are recommended and if there is no objection from the CounciJ, bills for reimbursement wi1! be submitted from each of these activities. ~.--d:e?naro L. r, opp / / 3££ TO: FROM: SUBJECT: Leonard Kopp - City Manager Sgt. William M. Hudson Mound Police Explorer Post #776 Advisors DATE. Febru~,r,y 14 19~0_ The City of Mound/Mound Police Department/ currently is sponsoring the Mound Police Explorer Post #776 which is affiliated with the Boys Scouts of America Viking Council. This Explorer Post, since its conception, has gained national and state recognition for their academic, shooting, and atheltic achievements. The achievement of the Post can be contributed mainly thru the time spent with the explorers of the Post by the advisors. Off. Joe Dutton and Off. Gary Cayo of the Mound Police Dept. are currently the advisors for the Police Explorer Post at this time. In that capacity and mainly on their own time and expense they have conducted regular meetings and training sessions for the future development of the explorers and the Post itself. On a yearly basis the explorers participate in seminars in various areas where the scouts compete in different areas of law enforcement. In February of each year, the Iexplorers attend a seminar in Fond-du-lac, Wisconsin. In April, a'seminar held annually in Bloomington, this year will be held at Breezy Point. In June, the Explorer Post will be representing the State of ~iinnesota Viking Council in the National Exploring Olympics in Colorado Springs, Colorado. In all of these events it is required that we send the necessary advisors to supervise the explorers. As I have mentioned earlier, most of this is done at the expense of the advisors in the past. Last year one of our advisors who attended the majority of the seminars and training sessions spent approximately $300 out of his own pocket, in addition to the numerous hours of his own time. Being that the Mound Police Dept. and the City of Mound are the sponsors of the Explorer Post, I strongly recommend that the advisors that are needed on these special occasions, be reimbursed for their expenses. Fond-du-lac seminar in Wis- fconsin will be approximately $4.9 plus mileage if the advisor uses his own vehicle and the Breezy Point seminar will be approximately the same. The Olympics held in June will require two advisors plus one female. Each advisor, as are the scouts, will be required to pay $100 each. The school district will be furnishing busses for the explorers and the advisors to the Fond-du-lac, Wisconsin seminar and also the Olympics in June. Advisors from other Explorer Posts around the state are reimbursed by their respective cities. I feel the city supporting the advisors for the cost as I have described will show support and confidence within the program and the advisors and thereby strengthening the program. These reimbursements only will be made on special seminars as I have described above. The experience and education that we are giving the young people participating in the program .,by far outweigh the cost. / RespeCtful ly,. ,/" ,'" 'y ..... -.?.,Z ~ . - '.-.- S,~. Will Jam ~. ~udson ~ound Police Department 3J'7 CITY OF MOUND Mound, Minnesota February 15, 1980 INFORMATION MEMORANDUM NO. 80-18 SUBJECT: Park Commission Minutes Attached is a copy of the Park Commission minutes of February 7th. Any action, if required, will be brought up at a later date. Minutes of Meeting Mound Advisory Park CommisSion February 7, 1980 Present: Larson, Chase, Lynott, Shay and Case, Staff, Kopp and Bollis and D. De Laney. Secretary. Meeting called to order by Chairman L~rson. Minutes of meeting for 1-10-80 presented for approval. Typographical error in spelling of Bailey's name in paragraph three was brought to attention for correction. Motion by Shay seconded by Lynott to accept min- utes as presented with spelling error corrected. Unanimously approved. City Manager's Report : Kopp used projecto.r with slides of plat maps showing where tax forfeit lands were located and description on type of land. Slides were shown, and brief resume given of manager's thoughts on action to be taken and vote by Park Commission members as to their thinking on land. Park Recommendations as follows: Blk 11, East part of Lot 19, Arden. Motion by Lynott 2nd by Shay,."to eoncur.w~'th recommendation of. City Manager and recommend that remaining portion be taken for wetlands." Unanimously approved. Blk 19, Lots 1 thru 4 and 17 thru 19, Devon. Motion by Shay seconded by Chase, "to concur with recommendation of City Mgr. and divide land into four building sites and put up for public sale." Unanimously approved. Blk 26, Lots 4 thru 7 and 9 thru 12, Devon. Motion by Case seconded by Shay, "concur with recommendation of City Manager and take for wetlands." Unanimously approved. Blk 27, Lots 4-5-6-11-12 & 13, Devon, Motion by Case seconded Shay, "to concur with recommendation of City Mgr. and take for wetlands." Unanimously approved. Blk 28, Lots 9-10-11-12 & 13, Devon, Motion by Case seconded by Shay, "to concur with recommendation of City Manager and take for wetlands.'.' Unanimously approved. Blk 7, Lot 5 Pembroke, Motion by Shay seconded by Larson, "to concur with recom- mendation of putting on sale as buildable lot." Unanimously approved. Blk 3, Lots 2 & 3, Seton, Motion by Shay seconded b~ Lynott, "concur with recom- mendation these be taken for wetlands." Unanimously approved. Lot ll'& part of RR r-o-w and Lot 28, Blk 1, L.P. Crevier's Subd Part of Lot 36, Lafayette Park, Motion by Larson seconded by Chase, "concur with recommendation these be taken for street purposes should the City every want to extend Lynwood along the railroad track." Unanimously approved. Blk 6, Lot 4 & S 5' Lot 3, Dr'eamWood, Motion by Lynott seconded by Larson, "to concur with recommendation and withold lot from sale as it is undersized." Un- animously approved. Blk 16, part of Lots 14 & 15, ThE Highlands, Motion by Shay seconded by Lynott, "concur with recommendation that it be withheld from sale as being undersized l~t, as adjoining property owner has shown interest in purchasing and adding to his property." Unanimously approved. Minutes of Meeting Mound Advisory Park CommisSion 2-7-80 page two Blk 3, Lots 19 thru 25 and 38 thru 44, Lakeside Park C[6cker's 1st Division. Although recommendation is to ~ombine these lots into building Sites and put on sale at. auction for either town house construction or single family sites, it is the recommendation of the Park Co~mision to take a different route. Motion by Lynott seconded bZ, gbase~ "to acquire this property.f~r_.par~ purposes." Unanimously approved. Reasoning for this action is that soil is unstable and has large amount of fill already dumped in by City, area in need of additional park space and this would be ideally located without having too much additional work to be done before it could be utilized by youngsters in the area. Council Rep. RepOrt - Swenson absent Park Director's Report: Chris informed Commission that Council had approved outside contracting for park work to'hasten the progress and completion of same. Wants some definite suggestions on how to improve Avalon. Park and make it more usable to area residents. Met with Engineer for cost estimates on finishing parks and there is possibility of a surplus of money left over from Island Park. is construction of tennis court poss- ible? only time would answer that. When !980 contracts for street improvements are .given, the parks will galh more land at Brookton Park from installation of storm sewer around Clover Circle, Larson asked if possible to get more trees for this park? Those planted at Doone Park were .sturdy and tall not small saplings. Bollis informed Commission that he had received complaints from residents around Excelsior Lane of beavers in'their front yards, they have been cutting down some trees and seem to be a healthy, thriving family. City will do nothing about them. Lynott questioned possibility of having Hockey or Broom Ball Teams, that would be under Community Services sponsorship and use .the City parks, particularly Island Park. This would be for advance planning for leagues for next year. Referring to proposed street improvements, Dutch Lake and Dutch Lane and Red Oak Road, wanted suggestion as to type of road endings, Larson stipulated should have curb lines to follow outline of road. -. Planning Commission Report - Jackson absent Lake Langdon Committee Report: Larson stated this would be continued into the March discussion meeting of 3-27-80. Long Range Planning Committee: Larson reiterated this would be continued, nothing to '-report as of now. Recreation Committee Report: - Bailey'absent, Larson i'nformed Commission they had met'wi"th Uln~'ck wi'th reference to participati'on i'n the Communi'ty SeFvices-pFogram, The pool'.schedule was. di'-s-cussed, Cons['derable d~s. cus-si'on on the preschool pn. bgram~ with schedule'revblving around one hour classes ~n si~x parks, would be two-,three ~eek programs i'n the morni~ng and schedule would be 9:00 to 10:O0, ~O:15 to 1.1:15~ 11:30 to 12:30 with fee'~ei'ng 50¢ per hour or $7.50 for a one-three week program, Thi's would i~nvolve the 3 'to 5' year old youngst'ers or preschoolers. They are requesti'ng the Ci'ty to subsidize th.i'S pr~ram up to $1.,O00, Soccer ~r~.,'r~'~'i'~cuss~d[-'~i~6~ ~a'rs0n seconded by Shay~,'Recommend to i-n~'~i ~gate the Soccer i'rogram and initiate it with the consent of Council, City Recreational Director and Community Service, as outlined in Ulrick's memo of 1-31-80." Unanimously approved:f Minutes of Meeting Mot Advisory Park C:ommis~ion page three Motion by Larson seconded by Case, "to recommend at the present time, not to ~ubsialze the Children's Morning Program Activity as presented to Park Comm. in Ulrick's memo of 1-31-80." Unanimously approved, Life Guard Program, Larson made motion, seconded'by Cha~e.; "recOmmend to Council to work with Community Service~on this"programand have'.~.~ge~as-last year with addition of Harrison Beach." Unanimously approved. Larson stated they are going along on the assumption that Jackie Meyer will again be the Recreational Director. There being no further business, motion.by Shay seconded by Lynott to adjourn until the next scheduled Discussion Meeting of .2-.28-80...Unanimously approved. dd enc: Ulrick Mem~ I am suggesting ti~t Community Services and the City of Mound combine to provide a program of soccc-r for. the neighborhoods, lhis would start in the park, be co-ed and two age levels, That the program be either 4-6 PM or twice a week. One of the nights would be practice in the local park and the other night would be neighborhood team games at one of the soccer fields at the high school. The game night would hopefully be a vehicle to involve the parents. For the sake of brevity I will not speculate on many other potential advantages. Below are my thoughts of each agency commitment: COMMUNITY SERVICES 1. Advertise and register the participants for $2.00 each. 2. Provide for that fee a white tee shirt that can be dyed as par. t of a City Park Director Program. 3. Provide two soccer balls to each neighborhood team that the park director shall identify as being neighborhood teams. 4. Provide the scheduling of the soccer fields at the high school as needed by the program. (no charge) 5. Provide a f.ield chalk marker that can be used to insure clear field boundries. 6. Submit requests for the use of vehicles that can be used to transport those kids to the soccer fields who do not have wheels. Cost to be mileage only. 7. Provide those other services and help to develop a successful program within the staff limitations that exist. CITY OF MOUND 1. Provide a-simple soccer goal and net for each park for practice and general' recreational use in each neighborhood. 2. The park director select colors and develop a tie and dye program to provide team jerseys for each neighborhood. 3. Offer organizational skills and coaching/officiating using paid staff and those parents who will serve as volunteers under the supervision of the City Park Director. 4. The City to provide volunteer drivers to drive the district vehicles and pay the cost of 22¢ per mile as in the past. 5.. To schedule and officiate all games. To also arrange for the scheduling of the fields thru the Community Services office to avoid conflicts in field use. 6. Provide those other services and help to develop a successful program within the staff limitations ti~at exist. OTHER IDEAS FOR THE FUTURE ......... Afternoon Kid Tennis Tournaments (o'r evenings 7-9 PM) Daytime Preschool programs in the parks, as we do at the Mound Building, Mornings. Some competitive swimming at the pool that is based on neighborhood teams. The Community Services Council is always open-to cooperative programs that serve the needs of the community. Don Ulrick Community Services Supervisor DATE: TO: FROM: SUBJECT: COMMUNIW HEALTH DEPARTMENT 4th Floor, McGill Building 5Ol Park Avenue Minneapolis, Minnesota 55415 February 12, 1980 City Administrators or City Clerks Within Hennepin County John Wm. Urbach* Hennepin County Community Health Department )~~ Public Hearing to Consider the Enactment of Hennepin County Ordinances, Food Service Owner Training and Environmental Health Program Development This is to bring you up-to-date on the environmental health program being developed to serve your area of Hennepin County. Since we last contacted you we have completed the environmental health ordinances and program proposals which include the various comments and suggestions which we have received from you and other officials. The County Board of Commissioners on February 12, 1980, authorized an official public hearing for February 26, 1980, to receive formal testimony and comment concerning the propdsed enactment of environmental ordinances regulating the health practice of food preparation, board, lodging and recreational facilities. You and other representatives of your municipality are invited to attend this hearing and offer comments. The meeting will be held in the Commissioners Board Room, A-2400, of the Hennepin County Government Center, commencing at 10:00 AM, February 26, 1980. If you would like to receive copies of the updated draft ordinances under consideration by the County Board, please contact me at 348-4598. The final draft documents are very similar to the ones received by you earlier. In addition, the County Board of Commissioners approved a'proposal to provide a County-wide Food Service Training Program in the prevention of food-borne illness. Food service owners and operators in your area will be receiving information concerning this program in a few weeks and will be able to participate in the proqram on a voluntary basis. One of the major issues raised during the development of this program has been a concern that the environmental health services provided in your area be coordinated with the other 14 municipal environmental health programs within the County. A major departmental effort during the development of the environmental health program has been to develop a County-wide systenl to coordinate the delivery of basic services among all of the providers. The end result of these efforts has produced a County-wide information system for coordinating and evaluating the food HENNEPIN COUNTY an equal opportunify employer Page Two protection, lodging inspection and recreational activity services being !~rovided. The system should enable all local governments to max'imize service delivery and ensure greater uniformity in the services provided. The system also enables us to provide you with the information concerning our activities in your area'that we have agreed to Frovide. All three activities (ordinance adoption and service delivery, food service training and information system implementation) are being initiated over the next several months to ensure a coordinated effort. You will be receiving specific notices regarding these activities as they occur or are implemented and we will be working ~ith you closely. I would like to remind you that Mr. Roger Carlson is currently available to provide you with technical assistance and advice concerning a broad- range of environmental problems which may arise including: On-site water supply systems On-site sewage supply systems Housing hygiene Animal control Insect and rodent control Community sanitation Food, beverage a'nd lodging establishments Noise, air and water Pollution If you have any questions or concerns regarding the proposed program or the public hearing or have any environmental health questions, please contact me or Roger Carlson at 348-3925. of M©uND 5341 MAYWOOD ROAD MOUi'JD. MINNESO'TA 55364 {612) 4~'2-1155 TO: Leonard Kooo FRG,i: Tree Inspechor SUBJECT: Rebate corr..o!iance ,Tith City and State The follo~fin9 oeoole have removed diseased trees on their property in full Please submit this list to Council. Respectfully, Chris Botlis Tree Insoector CB/ich 3 F/ CITY OF NOUND MOUND ~ MInnESOTA L~ST /75 - 8o NAME ADDRESS NO. OF TREES TOTAL DBH" DOLLARS I Roberh H~nson 5h2~ B~rtlebt Blvd. 1 36" $??.00 I Clercnc¢ Se§net ~101Edgew@ter Dr. 1 18" $36.00 Frank Nicsen 6565 Bertlett Bl~d. 9 169" $338.00 .' Bob Johnson ~488'Tonkewood Rd. 1 30" $60.00 Alice Hetrick · h617 }{gnover Road ~ 30" $60.00 TOTAL $566.oo planning ar a citken advisory commit e 2353 overnment center, minneapolis, mn 55487 January 28, 1980 Mr. Leonard Kopp City of Mound 5341Maywood Road Mound, MN 55364 Re: Urban Hennepin County/City of Mound Planning Area 5 Citizen Advisory Committee Application Review Comments Dear Mr. Kopp: The Planning Area 5 Citizen Advisory Committee at its January 22, 1980, meeting reviewed Mound's application of Year VI Urban County Community Development Block funds and recommends.community approval of the application and its inclusion in the Urban Hennepin County Year VI Community Development Block Grant Application, with the following concerns: As explained by Mr. Reisenberg, the funds assigned to administration and the Downtown Development Study have a common objective, that of studying housing development opportunities in the downtown area. If this is the case, the activity description should be clarified befor~ Mound's application is submitted to Hennepin County. The Committee wishes to thank you and fir. Reisenberg for the assistance provided the committee during the application review process. ~A1/~n OlS~On, Chairman /Plannin~Area 5 Citizen Advisory Committee mah CC: Chuck Reisenbera Larry Blackstad PACAC 5 AGENDA Minnehaha Creek Watershed District February 21, 1980 Wayzata City Hall 7:30 p.m. 1. Call to order; present, absent, staff. 2. Reading and approval of minutes of regular meeting, 1/17/80. 3. Approval or amendment of February 21, 1980 agenda. 4. Hearing of permit applications: A. 80-7. Boulder Bridge Farm - Grading/Drainage plan, "Boulder Bridge", Shorewood. B. 80-8. Hennepin County - Replacement of a bridge, County Road 110 and Painter Creek, Minnetrista. C. 80-9. D. Hey - Placement of rip-rap, 3034 Nor thview Road, Minnetonka Beach. D. 80-10. Derrick Land Company - Grading/Drainage plan, "Brandywood", Nine-lot subdivision south of McGinty Road and west of 1-494, Minnetonka. E. 80-11. City of Minnetonka - Replacement of bridge, Bridge St. over Minnehaha Creek, Minnetonka. F. 80-12. Wayzata Bay Center - Grading/Drainage plan, commercial warehouse, southeast corner, Wayzata Bay Center, Wayzata. G. 80-13. Lake Place Condominiums - Placement of rip- rap at 324 Lake Street, Excelsior. H. 80-14. Girard Investment 'Company - Grading/Drainage plan, 16 lot subdivision east of 1-494 and north of Co. Rd. 16, Minnetonka. I. 80-15. R. Hartman - after the fact consideration of an excavation in a wetland, southwest shore Schutz Lake, Victoria. 5. Correspondence. Hearing of requests for petitions by public for action by the Watershed District. A. Weed growth - Edina Millpond. Reports of Treasurer, Engineer and Attorney. A. Treasurer's Report - Mr. Russell. (1) Administrative Fund Report. (2) Minnehaha Creek Improvement Project Fund Report. (3) Account for operation of control structure. B. Engineer's Report - Mr. Holmquist. (1) Minnehaha Creek Improvement Project. (2) Lake Minnetonka elevation datums. (3) Hedberg Drive flooding - Minnetonka. (4) Hydro-data Report 1979. C. Attorney's Report - Mr. Macomber. (1) Bridge Obstruction at 11907 Cedar Lake Road. (2) District regulation revision. (3) Upper Watershed Storage and Retention Project. (4) Minnehaha Creek Improvement Project/Pending Items. (5) Draft of Annual Report - 1979. New Business. Adjournment· 377 CITY OF 1,IOUND Mound, Minnesot~ Monthly Activity Report of Street Month of Department & Shop .]nn,,n~y lqSo This L~St ' 'This Year .... Work Units Month Month to Date Lnst Ye,,' Sidewalk Snow Rmoval ff282 ..... , .... ~.> c.~.~, s~i.g ,,, ~ (.~) · ,,,, I Street Sand & Ice Control g793, ('<~ Shoo Malnten,nce ........ ~297 ,, --- j ......... ~ , , Street Ligh%ing.: (~as) ~390 ~;' Q/ I CITY OF MOUND, Plound, Minn~sotm Monthly Activity Report Sewer Department ..... Work Units . Month l~onth to Date to Dat~ Ad~inistrstion //600 ..... ~ ' Office Routine ........ Sewer /,I, int. Cleanin9 ~619. ' ? 7..¢" C~TY OF MOJffD ~OUND, ~II~ESOTA Page 1 MONTH OF January ].980 Monthly Activity Report of Mater Department ., , ....................... '" This I?st ~his Year Lasg Year' Mork Units ~,tonth Month to Date to Dat~ ,: .9~ O~J, :,~,a3 ~, -~ , :', .~.: ~ , ~' No. ~o. of Mc-c. zrs ~eo~{,~ed .... / ................... , N,O..,OF ~e,L~rs R~ol~ced ............... _ , ~ ......... ,:'> / ./;{ ....... .......... .... ~.., : ........... -~ ..... ; ~.~ S~rvlce Csll~' /? 1~ ' CITY OF MOUNb MOUND, 1~II~ .F. SOTA Page ? Month of Januar~ Monthly Activity Report of Water Department ' - ................... This .... Last This Yea'r .... Ldst' Y8ar Work Units Month Month to Date to Date No. Times Checked No. Tim~s Checked Pumo No. Times Checked ~mo NO. Tim~s Checked Pumo No. Timzs Checked 373 ANNUAL ' POLICE/CRIHE ACTIVITY REPOP,.T Year 1979 City ALL CITIES COMBItIED I. General Activity Summary ....... Yea r L~I~ Y~"~ Activity To Date To Date Traffic control (citations & warni.ngs) 4997 6216 D~II 82 97 Property dam. age accident 280 309 Personal injury accident 68 !10 Fatal accident 3 3 Adult felony & ~nisdemeanor arrests 214 217 Juvenile felony & misdemeanor arrests 213 13! Medicals 252 257 Animal complaints 1834 1705 Part I & Part II Crimes 1175 1121 Other general investigations ........... ~ ............. 95...8_8. .................. .1_0_,__2_32 TOTAL ] 8,70[, 20,398 .. 37.2. II. I~ROt-ff,]P, TY LOSS/R.~,OVF~R¥ SUMMARY ALL C COMBINED - AIqNUAL REPORT1979 Bikes Boats I T~M Clothing .~urrency, notes, etc. Jewelry & precious metals Ct!IlS Home ]Furnishings STOLEN 4,555 · . 3,274 2,759 13,182 74,626 47,135 RECOVERED i,425 !,257 5,055 ~, 900 ~adio & Electronic equipment 16,937 1,464 Vehicles & vehicle equlpn~ent 125,310 110,840 Miscellaneous : 59,396 !1,596 TOTAL $ 352,229 $ 130,366 37/ ALL C COMBINED - ANNUAL REPORT - III.OFFENSE ACTIVITY SUMMARY PART I CRIMES ,~ o ~ ~ ~ ~ 0 0 Adult ~uv. Homicide .... Rape ....... 3 ! _ 2 . 2 Robbery _ 7 7 . Assault ...... 11 , 11 -- 3 2 Burglary 130 ~ 127 2 2 15 1 ~arceny . . 367 .7 360 q 12 ~.67 Vehicle Theft.. .... T 0 TA L 197 PART ii CRIMES _S:i.mj)l e Assaul t__ ~__'o_rgery & Counterfeiting. Fraud Embezzlement .Stolen Proper_fy .¥andalisna }Veapons Prostitution & Commercialized Vice Sex Offenses Narcotic drug laws Ganabling Offenses against family & children Driving.under the influence .Liquor Laws Public Peace .All other offenses TOTAL 622 TOTAl, PART I & I~ART II CRIMES 1,175 58 370 ~ ~C(~ /,[uo S~LU!J3 II ~Jea pue i ~,Jecl = s~su~J0 ~ % 9~ - LOL % 6L + ~" ~ ~ * O~L .S~L ~ ~ - L[ L~ ~ L' - L9L ~LL (-)i~se~a ~o 6L6[ ~L'61 (+) ~s.~OUl ~o ~ ~VlOZ S~su~JO p~punoJu~ p~l~od~w s~su~J~O S-IV.L0i suol~,e6!:~SaAUl leJ~uo9 J~ql0 s~ml-i3 !1 :l-led pue I lied slu! eldulo3 ' [euJ!uV s I em ! pan s~,s~JJV ~! !u~^nr sls~JJV slu~p!~V s~uop!~V AJn.rul leuos-~od slu~p!ooV ~6eLUe0 A1J~doJd S I/Aa (s6u'!u-leM ~ suo!le3!~) [oJluo9 DI=J~tBJ.L ×~ !'A!~g¥ 6Z6[ 0J. 03~tvaw03 8--~Z'61 aNflOW